Reaction Paper - 127711 Prof Rosas Law Society Reaction...

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127711 Prof. Rosas Law & Society Reaction Paper November 17 th , 2011 In today’s society, where there is a will there is a way, and ironically, there is always a way around the legal system. As citizens we follow laws because it is what society has brought us to believe is morally correct. In a court case a person who is potentially wealthier, has a condescending appearance, is well educated, or holds some higher position in society has a better chance of being found not guilty no matter the argument. That being said, I disagree with Rosenberg’s statement that “All it takes is one person with a good legal argument that can convince a judge.” This statement is false to me because in many instances people have been found guilty or not guilty no matter their legal argument in the court of law. This in all reality takes away the idea of a “Hollow Hope” that Rosenberg is trying to prove. The argument can easily be voided when wealth and education come into play. The opposing side would argue that in court justice is always served. Rosenberg would say that it only takes a good legal argument to convince a judge and that a person’s social class has nothing to do with that decision. He would also argue that the legal system is perfectly fine the way it is. Rosenberg would say that the legal system has been around for many years and that it has always worked just fine in serving justice among the people. In part, I agree with Rosenberg’s arguments, I would hope that the legal system is morally correct and is morally fair, but I feel
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that a person’s wealth and reputation in society has more of an effect in a court case than moral fairness and moral correctness in the legal justice. When a wealthy person is convicted of a crime they immediately know what to do. This person knows who to call and how to deal with the issue. This type of person essentially has the upper hand in court because they have the right connections and the money to get the best help available to them. In a recent episode of Law and Order, the defendant was caught on camera committing the crime of murder. There was also a witness that testified against the defendant to the police when taken into custody. This witness identified the defendant as the killer before trial and her statement was recorded. However, when in court the defendant changed her mind and stated that she was wrong and the defendant was not the man she saw at the scene of the crime.
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