Debating the Law презентация

Nissim and Liz

legal professionals work within a strict framework.

BP debates are about what the law –should- be – you have to principally or consequentially justify it.

calculus?

Protection of public

Punishment strictu sensu

degree of harm.

Culpability can be raised by factors like planning. Degree of harm depends on factors like psychological trauma to victim, or whether they were a particularly vulnerable person.

Culpability lowered by circumstances which make a crime more ‘understandable’ – hardship, provocation, abuse by partner.

- distinctions in law like manslaughter and murder.

But sometimes reckless – any reasonable person could have seen it coming, even if they didn’t actually intend the harm (e.g street racing in a crowded area resulting in death).

crack cocaine possession (a drug traditionally used primarily by African Americans), than powder cocaine, used by more white people.

Access to lawyers, legal defence, ability to understand legal jargon and formal, subtle language.

Appearance/image in jail/court. Language use in courtroom.

guilty.

Judges decide sentencing.

Judge will direct and manage the jury – for instance, telling them whether a piece of evidence is valid and should be weighted in the decision.

more easily by tricks regarding image of victims/defendants.

Subconscious biases – judge fatigue vs inexperienced juries.

Judge fatigue – ignoring valid defences because they’ve heard it all before, etc.

Juries disregarding judge management and the law itself

records damage chances of employment, insurance rates, ability to take loans.

Prison is often intensely traumatic.