Moreover, the story of “Snow Falling on Cedars” mainly illustrates how evidence could be misused by prejudice. In the story, the theme of racism stands out most strongly. Events, characters' attitudes, and emotions are all directly related to the surrounding environment of racial tension. A Japanese-American Kabuo Miyamoto, who was born in the United States, is facing the charge of first-degree murder. He is on trial for the death of Carl Heine, a fellow fisherman and his old childhood friend (Guterson). The racial hatred between the Japanese and the Americans fuels many of the conflicts including the prejudice and urged conviction of Kabuo. Almost all the jurors adamantly insist on Kabuo’s guilt only because he looks guilty. During the trial, …show more content…
More specifically, expert testimony is intended to assist jurors with their task of evaluating trial evidence by providing them with information that is not commonly known by laypeople but is relevant for making the decision confronting the jury (Neal and Kovera). Sometimes they may offer an opinion about a crucial issue in the case based on their specialized knowledge or skills. When testifying about their area of expertise or about the opinion that they have formed after reviewing case facts, “experts are essentially communicating information to the jury with the intent of influencing their decision in a case” (Neal and Kovera). Thus, in the case of Cameron Todd Willingham, flawed expert testimony (fire investigator Vasquez and Fogg) could be easily construed as a persuasive message delivered to the jury. Sometimes the expert testimony may be flawed. Why? They misinterpreted and misunderstood the evidence. Generally, misinterpretation is a way causing wrongful conviction through the misuse of evidence. Misinterpretation of evidence refers to a failure to analyze or interpret evidence correctly, and thus, it may be misused (Ramsey). Correct analyzing and understanding of evidence needs expertise and skills. The misinterpretation could be unintentional or intentional (Ramsey). When misinterpretation happens, the
‘Snow Falling on Cedars” by David Guterson is based on court case dealing with a Japanese- American man on trial for being accused of killing a white man. The story takes place back around the 1940s when World War II was happening and America started being hostile to Japanese-Americans. Throughout the story there is a minor character named Alvin hooks who was the prosecutor which played a huge part in the trail demonstrating the acts of being prejudice against the Japanese. I will be talking about how Alvin hooks displayed his acts of being prejudice towards the Japanese in order to win his case and get Mr. Miyamoto prosecuted.
Snow Falling on Cedars, a novel by David Guterson, is a post World War II drama set in 1954 on the island of San Piedro in Washington State. The story’s focal point is the murder trial of Kabuo Miyamoto, who is accused of killing a fellow islander, Carl Heine, Jr., supposedly because of an old family feud over land. Although the trial is the main focus of the story, Guterson takes the reader back in time through flashbacks to tell a story of forbidden love involving two young islanders, Ishmael Chambers and Hatsue Imada (Kabuo’s future wife). At the time of their romance, interracial relationships were considered strictly taboo because of racial bias. It is through both this love story and Guterson’s remarkable use of setting and imagery that the reader is informed as to why racial prejudice is so high on the island of San Piedro at the time of the trial and why Kabuo is not merely on trial for Carl’s murder, but also for the color of his skin.
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
In the passage be ginning “They had picked…” from the novel Snow Falling On Cedars, the author, David Guterson, uses many techniques to give the passage a depressing, and frightening mood. He uses vivid imagery to describe Carl’s dead body. He also uses figurative language, such as metaphors and similes to show the severity of the situation. Finally, his diction shows the reader how reading about a crime scene can seem real if the word choice is right. All the techniques Guterson use help the reader to feel as if they were actually at the scene when Carl’s dead body was found in the ocean.
It is no easy task to create a work - through writing or film - that has an impact on society. In writing, one must discuss and analyze a relevant topic that will have an impact on the readers. One must also present stunning sensory images through words in order to create a complete understanding for the reader. In filmmaking it is not much different, but there must be striking visual imagery in combination with a fitting musical score in order to give the viewer of the film the full experience. There must also be historical accuracy, both in writing and film. In either case, it can take years to create such a captivating piece of work. David Guterson's novel Snow Falling on Cedars and its cinematic counterpart of the same name combine all of the aspects of good writing and filmmaking to create an emotionally provocative and historically accurate masterpiece.
Kabuo Assumed Guilty Because of Japanese Heritage in Snow Falling on Cedars by David Guterson
I chose the novel Snow Falling on Cedars, by David Guterson because I have heard from many people that it is a compelling story which truly depicts the inhumanities of racism. Human emotions are intensely conveyed in such riveting detail that one can not read this book without it leaving a permanent mark on their heart. Furthermore, I was not very familiar with the Japanese encampments of the mid nineteen hundreds. I knew that reading this novel would broaden my horizons and lead me into unknown territory.
The defense succeeded at instilling reasonable doubt in the jurors’ minds. A major difference between the defense and prosecution, as stated by Dershowitz, was that the defense relied on factual evidence and scientific experts while the prosecution utilized witnesses that casted a shadow of doubt upon the whole jury (Dershowitz 97). Dershowitz claimed the prosecution knew they had falsities in their case, but kept them in order to win the case (Dershowitz 96). In all, though many people viewed Simpson as a guilty man, the allegations of police perjury and investigative errors allowed the defense to exploit and capitalize on the faults carried out by the prosecution and ultimately implant reasonable doubts in the minds of the jurors.
Unfortunately, the role of ignorance and jealousy combining to breed fear and hatred is a recurring theme in history ultimately exhibiting itself in the form of prejudice. As demonstrated through the altering of historical events in The Song of Roland, the conflict between the Christian and Islamic religions takes precedence over the more narrow scope of any specific battle and is shaped, at least in part by the blind perception of a prejudice born of the ignorance and envy Christian Europe had for representatives of the non-Christian world. To fully see this prejudice and its effect on the participants, it is necessary to recognize the circumstances of the "real" battle along with the altering characters and settings attributed to its later writing, understand the character and beliefs of the participants, and carefully examine the text itself to see how prejudice comes into play.
Fradella, H.F. (2006) Why judges should admit expert testimony on the unreliability of eyewitness testimony. Federal Courts Law Review. Retrieved from http://www.fclr.org/fclr/articles/html/2006/fedctslrev3.pdf
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
In Snow Falling on Cedars, a central theme is the discrimination and racism against San Piedro Island’s Japanese population. A blatant racist in the book is Etta Heine, who is quick to reveal her distrust of the Japanese even before World War II began. Etta states both a cultural misunderstanding as well as passes judgement, which stems from this misunderstanding. Etta says that when Zenhichi nods, he really has an ulterior motive to trick her husband (Guterson, 127). A major part of the trial of Zenhichi’s son, Kabuo, is the speculation of his guilt based on his appearance. This passage is a direct foreshadowing of the trial by showing how the people of San Piedro still harbored racist sentiments. Just as Kabuo’s quiet strength is misinterpreted as hostile, his father’s bow of respect and reverence is seen as inauthentic and
The book Acquittal by Richard Gabriel states, “juries are the best judges in the system. They are not elected, they don't have the high-powered microscope of appellate review or the stern, disapproving-schoolmarm precedent looking over their shoulder, and they have no interest in the outcome of the case.” For this reason, we can come to the conclusion that the use of juries in a trial is the best for all involved in the legal system. While juries, “are the best judges in the system”, lawyers, jury consultants, and jury scientists are the reasons they are viewed this way. It is their job to make sure that not only their client, but everyone has a fair and unbiased trial.Making sure that “the best judges in the system” are fair and unbiased takes a lot of planning, research, and effort. You must research the jurors, understand how they think, what their morals are, and how they would view this case. “It is a constructed reality, cobbled together by shifting memories of witnesses, attorney arguments, legal instructions, personal experiences, and beliefs of jurors.”(Gabriel
The jury knows what they know, however, it’s the lawyer’s job to use the correct visual evidence to make the story complete and help them form their own opinion. In the Susan Wright murder trial, a lot of visual evidence was put forth to convict her of conducting murder. For example, according to a CNN article entitled,” Blue-eyed butcher sentenced to 20 years,” “A medical examiner testified he was able to count 193 wounds on the body, with the actual number of stab wounds well in excess of that” (Jakobsson, 2010, para. 6.) The adage of the adage.
Within the movie, it can be seen that persuasive argument is employed by one single juror to help sway the majority to believe his analysis of the evidence presented. He sets on a course to reach out to each juror and improve their thinking by reasonable and justified persuasion. There were three points raised in the tri...