Debating the Law

1. Debating the Law

A presentation mostly consisting of me
stealing ideas from Nissim and Liz

2. “The Law” vs Law Debates

The law is what it is – legal professionals work
within a strict framework.
BP debates are about what the law –should- be
– you have to principally or consequentially
justify it.

3. Broad aims of the law

Rehabilitation – best environment?
Deterrent – but decision-making calculus?
Protection of public
Punishment strictu sensu

4. Culpability and harm

Sentencing guidelines factor in mitigating
factors, as well as 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.

5. Intent and recklessness

Did the perpetrator intend to cause a negative
consequence - 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).

6. Structural problems with the legal system

Sentences higher in the USA for 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.

7. Judges and Juries

Juries come to a verdict of guilty or not 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.

8. Judges v. Juries

Prejudices of juries vs judges. Juries can be swayed
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

9. Consequences of being found guilty

Profound and far reaching effects on lives.
Criminal records damage chances of
employment, insurance rates, ability to take
loans.
Prison is often intensely traumatic.