Professional Documents
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Law, Lawyers and Justice
Law, Lawyers and Justice
Introduction
Almost everywhere in the world, the judiciary is the ultimate authority. The idea of judiciary
is a foundational component of modern democratic societies, encompassing the concepts of
justice, fairness, and rule of law. At its core, the judiciary protects individual rights and
liberties. It ensures that the laws passed by the legislative branch are read and administered
impartially. The judiciary plays an important role in sustaining the social compact between
citizens and the state by resolving disputes and administering justice. Furthermore, it acts as a
check on the executive and legislature. It protects against abuses of power and breaches of
constitutional values. In essence, the judiciary is more than just a tool for resolving legal
disputes. It is a crucial pillar of democratic government, tasked with maintaining the legal
system's integrity and advancing the principles of equity, accountability, and the rule of law.
There is a complex link between social/popular impressions and stereotypes and the course of
court procedures, questioning the assumption of total judicial impartiality. Despite the
judiciary's dedication to justice and equity, these social prejudices frequently permeate
judicial procedures, impacting decisions and results. It is evident based on critical analysis
and synthesis of available material, that understanding and correcting these biases is vital for
establishing a truly just and equitable judicial system. In this paper, I argue that social
perceptions and stereotypes play a huge role in how courtroom proceedings unfold regardless
of how free and fair the judicial system is supposed to be.
Types of stereotypes
Racial prejudice is one of the most common stereotypes that influence court procedures.
People of various races or ethnicities, notably Black, Hispanic, and Indigenous people, may
be seen as more prone to commit specific sorts of crimes or engage in criminal activities. This
can lead to racial profiling, harsher sentence, and an increased risk of erroneous convictions.
Gender prejudices can also impact judicial decisions. Men may be viewed as more aggressive
or violent, which influences the gravity of accusations or the severity of penalties in
situations involving violence. Women, on the other hand, may confront prejudices about
being emotional or untrustworthy, which can weaken their credibility as witnesses or victims,
especially in situations of sexual assault or domestic violence. Individuals from lower
socioeconomic origins may confront prejudices that suggest they are more prone to
participate in criminal activity or are less believable. Wealthier defendants may be viewed as
more reputable or trustworthy, which might influence jury sympathies and result in lesser
penalties or acquittals. Younger offenders may be stereotyped as irresponsible or prone to
risky activity, which might lead to heavier sentences in an effort to "teach them a lesson." In
contrast, elder defendants may be perceived as less capable of committing certain crimes,
thus leading to more forgiving punishment. Defendants with mental health concerns may be
wrongly portrayed as violent or unpredictable. This can impact not only judgements but also
the kind of punishments imposed, with a probable bias towards punitive rather than
rehabilitative approaches. Media portrayals of crimes can generate or reinforce prejudices
about specific groups of individuals or types of crime, influencing how jurors interpret the
case at hand. High-profile cases can result in a bombardment of media attention, which may
shape a narrative, favourable or negative, about the persons involved. The physical
appearance and courtroom demeanour of defendants might also contribute to biased
judgements. For example, seeming dishevelled, unemotional, or too emotional might elicit
preconceptions, influencing how jurors understand facts and testimony. Media narratives and
public perception play an important role in establishing the landscape of court proceedings,
frequently affecting decisions that go beyond the evidence and legal arguments presented.
Media sources frequently create narratives around high-profile cases, selectively providing
facts and views to shape the public's perception of the case. This framing can have an impact
on how the public, especially potential jurors, perceive the defendant's character, the victim's
credibility, and the general validity of the judicial processes.
Conclusion
In conclusion, the importance of social judgements in trial procedures cannot be emphasised.
Despite the judiciary's dedication to impartiality, cultural prejudices continue to influence
legal results, sustaining structural inequality. Recognising and eliminating these prejudices is
critical to maintaining justice and guaranteeing equitable legal protection. By creating a more
inclusive and fair legal environment, society may get closer to realising the dream of a
completely just judicial system. The idea of othering describes the ways by which individuals
are marginalised in the legal arena, reinforcing structural inequities. By recognising and
eliminating these biases, society can get closer to achieving the goals of justice and
impartiality in the legal system. The cinematic representation of courtroom dramas in "To
Kill a Mockingbird" and "A Time to Kill" provides a strong prism through which to
investigate the impact of societal views on the course of justice. These films not only
entertain, but also prompt critical thought about the ongoing issues of ensuring fairness and
equity in the legal system. As we battle with systematic bias and unfairness, the lessons
learned from these cinematic storylines are as pertinent as ever.
Bibliography
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