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. Against many attempts to create equality within the …show more content…
When Tom was testifying about how he resisted Mayella, Gilmer had taunted him, ¨was [he] so scared that she´d hurt [him], [he] ran, big buck like [him]? ̈ (Lee 275). Gilmer questioned Robinson being scared in court because it seems completely unreasonable to be threatened by a girl. The stereotypes that surface gender create inequality in the court. In order to prevent this juries are selected at random, but the voir dire questioning process allows the gender bias back into play. There is a mass amount of inequality in the voir dire system as the ¨female population in most states is unequal to the proportion of female jurists. If a woman is included in the jury pool, she can still be excused from duty during voir dire examination¨ (Mahoney). Women, although being randomly selected, are still discriminated against in the jury. Because of common stereotypes and beliefs, men are able to discriminate against women in the courtroom, when really there is little to no evidence to prove that women do not have an equivalent bias to men in the jury (Mahoney). It is stereotypical of men to think that women would favor women in cases of domestic violence, rape, and cases evolving children, without looking at solid evidence, just because the defendant is female. It is also commonly believed that women base their judgment off of the defendant's reputation and the attractiveness of the subject, while men do not. Men use the stereotype of women being biased to discriminate them from the jury, which creates more un-feminine bias in the legal system. So not only are women given an unfair advantage through the jury system and voir dire questioning, but they are also deemed unfit because they are stereotyped to think or have bias on certain topics. Gender bias and stereotyping negatively impacts women by not allowing them to have equal opportunities in the courtroom. Factors like
As Robertson Davies once said, “The eye sees only what the mind is prepared to comprehend.” Bias is prevalent throughout everyone's lives whether they notice it or not. Each person has their own perception on different things and that is what creates bias. In To Kill a Mockingbird bias is shown throughout the story, and affects the lives of the citizens of Maycomb, Alabama. Bias is also all over America, but many people just don’t realize it even though it affects their daily lives.
The theme of prejudice is a main topic throughout the novel. The novel takes place before the civil rights movement in Maycomb County, Alabama. The story follows Atticus,Scout,Jem, and Dill as they journey through a world of prejudice towards black people. Atticus who is a lawyer is defending Tom Robinson who is accused of rape. The trial seems rigged as Tom is black and the accuser saw that as an opportunity.
Regardless of the woman’s credentials, the interviewer may already have a predetermined decision based solely on gender. With this act, interviewers were forced to look at the women’s
Tom Robinson, an innocent, black man, is convicted for rape of Mayella Ewell by a jury made up of white men. Tom is setup to fail from the very beginning since it is his word against the word of of a white girl. In any court case, “when it’s a white man’s word against a black man’s, the white man always wins” (Lee 295). The jury is able to make their decision about the case just by looking at the color of Tom’s skin. Even his exceptional lawyer, Atticus Finch, is unable to convince the jury that he is not the guilty one.
“ Our courts have their faults, as does any human institution, but in this country our courts are the great levelers, and in our courts all men are created equal” (Atticus). In the novel, “ To Kill A Mockingbird” written by Harper Lee, a trial takes place. Atticus Finch, a well respected white man, defends Tom Robinson, a black man. Tom was accused of raping a white woman named Mayella Ewell. The Ewells were not very well respected by the people of Maycomb because of the way they live and act.
The Novel To Kill a Mockingbird by Harper Lee displays many themes. One of these themes is prejudice. Prejudice is shown in many ways throughout this novel. These types of prejudice are racism, prejudice against people, and prejudice against families. These types of prejudice contribute to the story’s plot, character growth and depth.
Within the proceedings of the criminal justice system, women are punished in very damning ways which raises questions surrounding potential reforms regarding the criminal justice system and the degree to which it is actually broken. Upon entering the proceedings of the criminal justice system, through the lens of a woman, it is a flawed experience. This is because of the ‘gendered’ criminal justice system. This means that this system itself is influenced by gender roles and stereotypes which already shows disparity between male and female treatment because of the social norms and values that underpin this system. This often consists of women being subject to harsher and more frequent punishments for either similar or the very same crimes that their male counterparts have committed, also conjoining with the fact that they often experience a greater mental and physical anguish as a result.
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.
(Lee Pg.296). This means that women are known as “delicate” and that they need to be protected from doing stressful jobs such as being on a jury. Maybe they just don 't want women
We generally get the juries we deserve. Our stout Maycomb citizens aren’t interested, in the first place. In the second place, they’re afraid.’” Atticus is telling his children about juries in this excerpt. While legally, Tom Robinson should have been evaluated by a “jury of his peers”, his jury consisted of twelve, biased white men.
One aspect of racism is present in the final decision of Tom Robinson’s court case. Tom was accused of raping a young girl named Mayella who has an abusive father named Bob Ewell. Despite the fact that the evidence proves Tom as innocent, it was decided that he was guilty because he is a person of color in court against a white family with an all white jury. While closing the case and trying to defend Tom, Atticus, Tom’s lawyer, states, “Our courts have their faults, as does any human institution, but in this country our courts are the great levelers, and in our courts all men are created equal” (Lee 274). Atticus stating that all men are created equal shows that everyone in court should be treated the same, regardless of race, gender, social status, or anything that is irrelevant to the case.
Prejudice is an opinion formed without knowing the facts, by ignoring them. She uses people like the Cunninghams, Ewells, Aunt Alexandra and Tom Robinson to develop her argument. The first part is about when it is the first day of school and the first grade has a new teacher Miss Caroline. Another section is when Aunt Alexandra wants to get rid of Calpurnia for some things she has done and when Tom Robinson is put on trial for an incident that did not happen the way Bob Ewell portrayed it.
In the novel To Kill a Mockingbird by Harper Lee, the Maycomb court system is totally biased in a discriminatory way. The case of Tom Robinson, if it had not been in this court with its racist jurors, would certainly have not ended the way it did. It only ended the way it did because of peer-pressure, a scared victim being manipulated and believed, and an honest man not. Through her testimony, Mayella Ewell constantly lied.
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.
Consequently, there is evidence from studies that draw conclusions that there is gender bias in sentencing for both women and men. On the surface there appears to be a degree of preferential treatment or leniency in the criminal justice system. However, there are other factors that enshroud the whole aspect of biases that include class, race and the offence in question among others. There is need for the justice system to understand female offenders in order to be able to address it effectively and avoid the perpetual claims of bias which only signifies the