from Violence and the Legal Process
For the protection of American citizens, the Law necessitates violence. Order must be maintained, safety ensured, and individuals threatening peace must be stopped from threatening the rights of others. In a democratic society, there is no benevolent ruler to enforce this peace. Instead, we rely on community regulation through electorally derived law, with representatives from society itself tasked with enforcement. Psychologically, this process of enforcement against individuals who threaten public order is extremely trying. A host of “psycho-social mechanisms” are evolutionarily built-in to the human mind which inhibit harm to another member of the community,1 even though the member may himself be a demonstrable threat to the community as a whole. These mechanisms often play out in a process of sympathy, envisioning one's self as the target of violence thus inhibiting the enactment of violence. As such, a whole host of processes have developed to allow the community to police itself and enact violence against it's own members.
Robert Cover details in “Violence and the Word” how the entire legal process revolves around separating those who decide to enact punishment on a defendant from the human being who their decisions effect themselves. Orderly legal structure, formal language, and defined roles encompassing only small pieces of the defendants fate separate the community-representative from fully feeling the effect of enacting violence against another person.2 Craig Haney adds that in cases involving the highest level of violence, the death penalty, the community-member on the receiving end of state-sponsored violence is “dehumanized” by society: ...
... middle of paper ...
...e paradox of self-governance requires the involvement of violence against members of the society itself. This, in turn, alienates members of society and disowns their involvement in the legal process, even members who are not perpetrators of criminal acts. As a result, the promise of community involvement, equal protection, and individual interests are at times limited, damaged, and threatened by the violence of punishment in the legal system. Unfortunately, this paradox cannot be entirely solved. Some issues can be helped; steps can be taken to ensure racial equality in the legal system and policing efforts can focus on involving the community in a process of trust and involvement. However, all three promises are inherently at tension with the violence both enacted and threatened, by and towards, the participatory process of legal enforcement in democratic society.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Legal Process Paper John’s first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questions which will ask more specific questions about his situation and will allow him to submit this information to the EEOC for follow-up.... [tags: Employment Law Legal ]
1229 words (3.5 pages)
- Introduction Based on the proposed scenario, if John, the employee of the private sector organization wants to file a discrimination complaint, there are specific procedures, which need to be taken. This procedure has been designed to lead, instruct, and protect both the employee and the employer from unnecessary litigation or the lack thereof. Discrimination Complaint and Civil Litigation Processes from the EEOC to the U.S. Supreme Court In the Proposed scenario, John must begin the civil litigation process at the beginning with the Equal Employment Opportunity Commission (EEOC).... [tags: Equal Employment Legal Law]
822 words (2.3 pages)
- Decision Making Patterns and Processes The process the board use is the parliamentary process. This process was demonstrated by the group only one topic being discussed at a time, one speaker at a time (whether on the board or the floor), and the use of a predictable agenda (Toseland & Rivas, 2012). Decisions were made by a vote between the two board members: Mr. Palmer and Ms. Carnes. At various times of the decision making process, a board member asked for clarification of a certain item of the proposal.... [tags: board meeting, set agenda, parliamentary process]
1131 words (3.2 pages)
- ... The Mutual Aid Agreement Act provides a law that is applicable to all fire departments in Tennessee who receive public funding and a law that changes mutual aid agreements for all emergency services providers in the state (University of Tennessee Institute for Public Service, 2004). To reduce liability and streamline the process of mutual aid agreements fire departments in Tennessee will utilize the provisions of the Mutual Aid Agreement Act. The act provides a mutual aid agreement for all emergency services agencies within the state and assigns the responsibility of items such as cost, insurance, liability, damages, billing, and staffing as deemed appropriate within the law (University... [tags: legal issues, fire services, business]
1182 words (3.4 pages)
- Federal and state appropriations, to higher education, are tied to the economy especially during times when the economy is in crisis. One of the issues of decline are public appropriations, which almost always lead to an increase in enrollment at community colleges (Manning 2012). With demands on increasing enrollment coupled with declining federal and state appropriations, publicly supported community colleges are increasingly challenged to find alternative means of obtaining adequate financial support.... [tags: public appropiations, community colleges]
1307 words (3.7 pages)
- From when I was a child until present day, an unconventional place has been instrumental in eliciting, shaping and expanding my desire to help under-privileged communities: the barbershop. It is from this passion, founded at an unexpected neighborhood staple, that has brought me to King Hall at UC Davis. Through the Human Rights and Social Justice concentration, I will be prepared for a career in the legal field where I can serve the communities I am most familiar with, through both public counsel and education.... [tags: career, legal, education, issues]
908 words (2.6 pages)
- Our team was tasked with advising Alumina, Inc., the aluminum maker in the simulation that had one Environmental Protection Agency (EPA) compliance violation in five years and is being threatened in a million-dollar personal injury lawsuit. The team is to recommend a strategy in the lawsuit defense and advise whether to settle the dispute or defend the company's position in court as if we were acting as the CEO of the company. We will also discuss the pitfalls of other areas of corporate government regulation in addition to environmental controls.... [tags: Business Legal Liability Analysis Strategy]
1981 words (5.7 pages)
- Alumina Legal Analysis Regulatory and legislative compliance is a critical element for the success of any American company. The regulatory environment can be extremely challenging and diverse depending on the nature of the business and the applicable oversight agencies responsible for monitoring and enforcing key regulations. One of the most daunting, yet vital regulatory agencies policing American businesses is the Environmental Protection Agency, which is charged with “protecting human health and the environment” (Environmental Protection Agency, 2008).... [tags: Business Legal Analysis]
1802 words (5.1 pages)
- Due Process The phrase "innocent until proven guilty" has been quoted for many years. In our society, we have labeled the accused person either guilty or not guilty without giving that person or persons their rith of due process. Webster's New World College Dictionary Fourth Edition says: "Due Process is the course of legal proceedings established by the legal system of a nation or state to protect individual rights and liberties." Due Process will allow an accused person time to go through the court proceeding, in hope of proving his or her innocence or guilt.... [tags: Justice System Due Process Law Essays]
444 words (1.3 pages)
- Community The point that community has an important effect on the shaping of a person’s character is key in both Pythia Peay’s essay, “Soul Searching” and Winona LaDuke’s interview transcribed in essay form entitled, “Reclaiming Culture and the Land: Motherhood and the Politics of Sustaining Community”. The two authors present ideas, similar and different, of what it means to live in and be a part of community. Through examining these two essays, summarizing and synthesizing, we can gain a better understanding of what community is and how it affects those within it.... [tags: Community Communities Essays]
850 words (2.4 pages)