Tuesday, August 6, 2013
Racism can upend the Justice System
Racism can upend the Justice System because the standards set for judging cases doesn't allow for the possibility or the 'control' of racism. Everyone knows that in a criminal case the standard is a factual finding of guilty 'beyond a reasonable doubt'. In a civil case the standard is a factual finding 'by a preponderance of the evidence'. Well, if in a criminal case jurors must 'find' beyond a reasonable doubt and one or several jurors are 'racist' or 'mildly prejudice', the juror is going to lean in the direction of his or her prejudice. Lets face it! Any resulting judgment from that will not be Just. In other words, if a juror cannot establish the existence of a reasonable doubt based on factual findings, that juror will find a reasonable doubt based on 'racist' reasons. If a Nation cannot 'control' racism within its own Justice System, how can it control it on the International sphere? Its ok to have an 'American system of justice', but we must insure that prejudices do not creep into the system. Since the history of America is rife with racial discrimination, its time to start thinking in terms of Human Justice. Its not about American justice, its about Human Justice. It will not be easy, but we have to start somewhere and someone has to start the process. Maybe racism can't be abolished( lets hope that it can) but, it can be abolished in the American Justice System. That would be a beginning. And its not just American, its world wide. Lets stop thinking about the different Races in the World and start thinking about all the human beings in the world. An individuals Race is important to him or her, but it should never be a standard for 'better' or 'superior'. We know what can happen with the 'superior race' phenomena, so why even go there. There's nothing wrong with starting 'small' and going 'large'. After all, we are all in the same boat.
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