There exist many examples and scenarios that present issues that challenge and bring a dilemma not only to juries in making decisions, but also other parties in the criminal justice system at large. Law has to be followed to the later as required, but in the event of doing so it challenges ethical and moral obligations that exist in the society that might have led to the development of a case and scenario that lead one to be pronounced guilty. The society at large has contributed to the various challenges that lead to people breaking the law. The prejudice, stereotype and discrimination witnessed in the society in people from different racial backgrounds have created scenarios that have led parties to break the law. This paper presents an opinion and position regarding the decision that juries should take to “Guilty “persons in racially charged cases.
Some scholars describe race among other human characteristics. THs, therefore, means that there is nothing one can do regarding the race that one finds himself and, therefore, when born in a different racial group it is seen by some as having happened by default. It is a birth right that no institution should try to take or misuse and this philosophy and principle have led to the formation of many international laws (Free, 2003). The principles have been used by much local and international institution to advocate and enhance human rights issues, as well as formation of local laws. Many institutions, therefore, have put up such laws within their area of operation and interests. Issues relating to negative insults and abuses are not tolerated in many societies. Juries are aware of this situation and laws that exist. On the contrary, many people in the society have continued to violate such provisions and negative issues relating to race. This has led to and created scenarios that people have resulted into breaking of the law when in the course of protesting against such abuses that are racially related. It is also difficult to prove before any court that somebody was subjected to racial treatments or insults. This makes the case relating to event challenging and difficult to prove because they will require evidence beyond reasonable doubt such as through recording of the transactions in the event that it was an insult or abuse related to it. In some situation even with recording, it does provide clear cut evidence and that piece of evidenced can be challenged as well due to the different technology that exists relating to voice manipulation. Therefore, in most circumstances it is always difficult to prove such cases, and many people have resulted into using non- conventional ways to seek justice and revenge that in some instances has led to breaking the law (Lee & Harris, 2009). This, therefore, raises the question if jurists should such people in racially charged cases.
In such situation, I am of the view that such people should be freed even when pronounced guilty. However, limitation has to be observed and there should be no generalization of circumstances but they should be applied depending with the case. In a situation where they threatened the lives of the other party, for instance, by using a firearm or any other dangerous weapon, the law should not be disregarded and they should be charged with issues and actions that resulted from their dealings (Cassese, 2010).
In conclusion, there are many instances that present and challenge decisions made by jurists. Irrespective of the scenarios, a balanced approach should be used and encouraged that looks and analyzes all the conditions. Issues relating to negative racial connotations and use should be discouraged by all parties and in the event that the jurists can be able to prove that anybody used and advanced negative racial attributes, they have to face justice in equal measure.
References
Cassese, A. (2010). International criminal law: Cases and commentary. Oxford: Oxford University Press.
Free, M. D. (2003). Racial issues in criminal justice: The case of African Americans. Westport, Conn: Praeger.
Lee, C., & Harris, A. (2009). Criminal law: Cases and materials. St. Paul, Minn: Thomson/West.
