Guilty Until Proven Innocent: Unconscious Bias
Unconscious bias occurs when a person unknowingly attributes negative characteristics to a person or group based on a stereotype. Throughout its history, the United States justice department has not been immune to this bias; in fact, it outwardly shows racial bias in many circumstances. In his novel Snow Falling on Cedars, David Guterson demonstrates unconscious bias through multiple characters, such as Sheriff Art Moran and Alvin Hook when Kabuo, a Japanese American man, is on trial for murder in San Piedro during the World War II era. The events surrounding Kabuo’s arrest and trial are a direct result of the unconscious bias found in San Piedro’s legal system that mirrors the discrimination
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Throughout the trial, Hooks and the prosecution present no concrete facts and build an entire case for the jury’s bias to act on. One of the witnesses, the deceased’s wife, was brought to the stand not for her testimony, but for the jury to see the distress of this white woman. Hooks described his thinking of Susan Marie Heine on the stand as “she would persuade them not precisely with what she had to say but with the entirety of who she was” (Guterson 287). He hoped that the jury would shift their focus towards their emotions and disregard the facts of the trial. If the jury focuses more on “the entirety of who she was”, a devastated white woman who allegedly lost her husband to a Japanese man, their emotions will provoke their unconscious bias to convict Kabuo. During his closing statements, Hooks asks the jury to “take a good look … at the defendant sitting over there. Look into his eyes, consider his face, and ask yourselves what your duty is as citizens of this community” (Guterson 415). When Hooks asks the jury to “consider his face” he is asking the jury to think about Kabuo’s Japanese face. During World War II, America viewed Japanese people as the enemy and Kabuo’s face is a reminder of that enemy. Despite the fact that Kabuo is an American citizen and a veteran, Hooks hopes to remind the jury of their fear. Ultimately, he hopes that the jury makes their decision based on their feelings and their bias, rather than the facts presented. The way that Alvin Hooks phrases his sentences and makes his remarks illustrates how Hooks elicits the jury’s
Most are under the impression that all juries are chosen at random and are unbiased, however, this could not be more untrue. The results of court cases are still affected, if not determined, by bias. The novel, To Kill A Mockingbird by Harper Lee, highlights the difficulties faced by a black man, Tom Robinson, when trying to defend himself to a white jury. Harper Lee also called attention to the inequalities in court with Mayella and her testimony as a white, impoverished, female and the struggles that Boo Radley, an individual with disabilities, faced. In the historical context of the story it was a regularity for the topics of race, class, gender, and disabilities to be subject to bias.
One of the wrongfully convicted she introduces to her readers is Thomas Sophonow, an innocent civilian “accused of murdering a young waitress” simply because of his physical description coincidentally matching the culprit’s description but more importantly, the procedures that took place when the witnesses were provided with images of possible suspects was outrageously flawed due to faulty witness memories. While Sophonow was eventually acquitted after serving four years in prison, Commissioner Peter Cory says Sophonow is “psychologically scarred for life” as he had to face the four years of suffering in prison and also carry the burden of being wrongly labeled as a criminal as he reintegrates with the rest of society. Sophonow’s co-workers shows evidence of fear against him as they believed he is a “murderer who had gotten off on a technicality.” At a Christmas party, his family would be left isolated from the rest of the co-workers also for the same reason. Loftus wants her readers to be aware of this situation and how it has harmed a family psychologically.
(p. 371) This exemplifies how people on the jury wanted to believe in Simpson’s innocence and how the defense purposefully created the jury to their advantage by utilizing the bias present within the public. Regardless of claims and assumptions in opposition, one can easily see how bias for O.J.’s innocence heavily impacted the
Usually, although not always, unfairly prejudicial evidence appeals to the jury's emotions rather than intellect.”
Faced with a question of this magnitude, the jurors fight to bring their opinion to light, while also attempting to keep themselves from attaching to the case and to the boy, citing that there's always something else to do, something else to care about. Through the use of pathos in 12 Angry Men by Reginald Rose, he illustrates the detachment of jurors within a court case is dangerous. Juries, by
In addition, the jurors also show this nonexistent empathy through their unwillingness to perceive the world from an opposite race’s point of view. This reluctance, Pryal states, displays a
Snow Falling on Cedars by David Guterson highlights cultures and lifestyles in multiple ways. One culture that is heavily displayed in this novel is that of the Japanese culture. The Japanese culture is prominent on this island due to the heavy influx of immigrants from Japan at the time. Many families on the island are from this area, and most of them belong to the lower class. Families like the Miyamoto 's make their living off of farm work and odd jobs.
For example, an individual may connect to the person on trial by race, gender, ethnicity or commonality between the defendant and someone from their personal life. May also occur with events and situations being discussed on trial. Author Veronica Roth stated that “no matter how smart, people usually see what they 're already looking for, that 's all”, and this applies to the justice system in the sense that looking past the biases is and always will be difficult because one tends to ignore evidences because of overwhelming emotions from bias (Roth). It is ideal to have impartial jurors whom will seek to be fair and will endeavor to correct potential bias in the courtroom in themselves, but it is not logical.
He is a rational stockbroker who analyzes the case from every angle. He focused on facts and not much else. His verdict was guilty throughout the majority of the movie. His reasoning was the lady who claimed to see the puerto-rican boy kill his father from out her window across the street. He said that all the other evident could be thrown out due to this evidence.
The cramped and uncomfortable area where the jury sits throughout the trial is described in this quote using imagery. It reveals how anxious and under pressure the jurors are to reach the best verdict. Lee’s use of imagery helps create an
Have you ever wondered what a court room means to most people? Well, to most it’s an equalizer for any man or woman present, but there is a flaw to this system. This flaw is bias, the amount of evidence, and witnesses. Today we will talk of whether or not Tom Robinson had received a constitutional trial. If you don’t know “To Kill a Mocking Bird” by Harper Lee, is a telling of age story, about a girl nicknamed “Scout” growing up, while slowly unlocking the secrets of her home town and the secrets of life.
When they were tried, the biased juries would prosecute them as guilty; innocent or not. Appeals were needed to give them a second chance. Harper Lee comments on this social issue in “To Kill a Mockingbird” when Tom Robinson faces a biased jury. Biased juries and appeals are shown in the Mack Ingram trial as well as the Tom Robinson
In the 1930s, if a black man was on trial there was a ample chance he would be convicted even if evidence proved he was innocent. Throughout history humans being prejudice and bias have affected the lives of thousands of people; some ending with favorable outcomes while others weren’t so fortunate. Within the book To Kill a Mockingbird the readers learn that prejudice and bias people outnumber the understanding and kind. One decision or in this case twelve decisions decide the fate for an unfortunate man. To Kill a Mockingbird by Harper Lee reveals that people often follow their biases and prejudices rather than the truth.
The script introduces the viewers to the typical behavior and the state of mind of these jurors, who surprisingly turn out to be the last to change their opinions from “guilty” to “not guilty”. Juror#3 the frustrated father whose personal conflicts and experiences influence his view of the accused’s crime is very desperate to make it clear that his mind is already made up before the deliberations even start. Similar
This process continues throughout the course of the movie, and each juror’s biases is slowly revealed. Earlier through the movie, it is already justifiable to label juror 10 as a bigoted racist as he reveals strong racist tendencies against the defendant, stating his only reason for voting guilty is the boy’s ethnicity and background. . Another interesting aspect of this 1957 film is the “reverse prejudice” portrayed by juror