Monday, November 5, 2007

Arguing With Stop Signs: Self-Analysis.

In the blog discussion, I have cited that personalites have affected the outcome of trials and that I believe it is in the country's best interest that this practice should be changed. In using the Ed Rosenthal, Richard Paey, West Memphis 3, and O.J. Simpson trials, I have ananlyzed and discussed this misfortune in our current society. In doing so; however, I have come to a standstill. The bias in society are far from being removed. I think that I am an example of how these bias exist because doesn't my opinion drive my argument to a degree? In seeing this I have realized that bias and personality cannot be withdrawn from society because the morals of society are created based on personality. I really don't think that there lies another side to the argument unless someone stands to tell me that the jury system, which became a large matter of evaluation in my research, is brilliant and shouldn't be tampered with. I doubt anyone thinks it is brilliant, but many probably believe that it is the only choice the courts have in keeping with the american ideal of democracy. I would agree with that.
I still think that personality plays a part in the verdicts and dismissals of some cases; however, I've finally seen the other side. In doing so, I have come to the conclusion that our jury problem doesn't relfect our constituition's preamble in complete good standing and that it is something that we can aspire to fix. Some think that we can. But to be honest, I now don't think that is feasible. I am able to understand, due to my research, why the jury is efficient. I have also come to the conclusion that the "personality influenced" jury might even be a very "American" instrument. This got me thinking because I realized that to a certain farfetched degree the prejudice embedded in American society results in the nonexistence of true impartiiality. While the presence of bias results in a departure from accuracy, it is our counrty's history and today's media presence that are fueling these bias. Therefore, the system may not be to blame, but instead the history is. Since time machines don't exist, one must conclude that it is inevitable, in a society based on diversity and vast cultures such as America, to have impartial accuracy. For the first time, I'd have to say that I basically concur. I disagree with the misfortune of the jury bias in many cases, but I accept that it is here and that it can't be changed tomorrow, if at all. With diversity comes prejudice. So, I guess you could say that having a jury fully drowned in prejudice is the American way because they reflect America's society. Therefore, I feel that I've been arguing with a stop sign because I was pushing for a change in a flawed system that cannot be changed because the fundation of the system is one of flaws. If America is a country derived from social prejudice and bias, then the prejudices are acceptable and potentially welcomed. I've been arguing that becoming truly impartial in cases, the court system will be a reflection of the American constitution. However, I see now that a true reflection of America lies in the behavior of the people, not a piece of paper. Therefore, I feel that I've argued with a stop sign because as much as I warrant change, I recognize that prejudice is an element of this diverse country. One might even say that social bias/prejudice are true American ideals.

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