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fandomhigh2010-03-16 03:03 pm
glasses-justice.livejournal.com) wrote in fandomhigh2010-03-16 03:03 pm
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Concepts of Justice and The Law [Period 4, Class #10, Mar 16]
"The human element," Alex said, her voice more flat than its usual. "That's today's topic. We've been dealing with the gray areas in this class, and as a result, I've been championing the human element. We don't mindlessly apply the law: we have a jury of twelve average citizens determine the accused's fate. Sounds good, right? A great way of making sure the law isn't cold and analytical. Unfortunately, it's not that simple. The human element also introduces human flaws.
"Jury nullification is what happens when a jury chooses a verdict that doesn't agree with the rule of law. A man is arrested for possession of marijuana, which he obtained as pain-relief for his cancer-stricken wife. The man admits to doing it, but says his wife mattered more to him than the law. The jury finds him not guilty, because they believe the law should not be enforced in this case. If enough juries don't convict under a particular law, that can help sway the lawmakers to repeal it. That's the good side of it."
She took a deep breath before continuing, a grim expression on her face. "The bad side is when people's own prejudices get the better of them. For example, a police officer is accused of brutality against a suspect, and is placed on trial. The police officer is acquitted. If the officer and jury all belong to a majority group, and the suspect an oppressed minority, it's possible that the jury looked the other way. There are instances of punishments being diminished in cases where the victim might have been acting in a way that the jury wishes to disapprove of. That woman is promiscuous, and she was dressed provocatively; this somehow should be applied to the considerations if the woman is forcibly raped."
It was rare that Alex lost faith in the justice system: when she did, it bothered her in ways she couldn't put words to.
"The effect is amplified if the victim is the member of a group that the average citizen does not, to put it bluntly, care about. A prostitute is gang-raped, a drug addict is beaten, a homeless man is killed. Those people are other, so convicting their assailants is less important than it would be if the rape victim was a fresh-faced college girl, or the murdered man was a local businessman."
"The human element means that you get all of it -- the prejudice, the blind spots, the ability to blame the victim for a crime. There's really no good work-around, unless you'd rather have the sterility of mandatory punishments for offenses. I welcome other suggestions."
"Jury nullification is what happens when a jury chooses a verdict that doesn't agree with the rule of law. A man is arrested for possession of marijuana, which he obtained as pain-relief for his cancer-stricken wife. The man admits to doing it, but says his wife mattered more to him than the law. The jury finds him not guilty, because they believe the law should not be enforced in this case. If enough juries don't convict under a particular law, that can help sway the lawmakers to repeal it. That's the good side of it."
She took a deep breath before continuing, a grim expression on her face. "The bad side is when people's own prejudices get the better of them. For example, a police officer is accused of brutality against a suspect, and is placed on trial. The police officer is acquitted. If the officer and jury all belong to a majority group, and the suspect an oppressed minority, it's possible that the jury looked the other way. There are instances of punishments being diminished in cases where the victim might have been acting in a way that the jury wishes to disapprove of. That woman is promiscuous, and she was dressed provocatively; this somehow should be applied to the considerations if the woman is forcibly raped."
It was rare that Alex lost faith in the justice system: when she did, it bothered her in ways she couldn't put words to.
"The effect is amplified if the victim is the member of a group that the average citizen does not, to put it bluntly, care about. A prostitute is gang-raped, a drug addict is beaten, a homeless man is killed. Those people are other, so convicting their assailants is less important than it would be if the rape victim was a fresh-faced college girl, or the murdered man was a local businessman."
"The human element means that you get all of it -- the prejudice, the blind spots, the ability to blame the victim for a crime. There's really no good work-around, unless you'd rather have the sterility of mandatory punishments for offenses. I welcome other suggestions."
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