In the US judicial system, protection measures against fraudulent accusations are incorporated. Suspicion is innocent until guilty. Everyone has the right to receive legitimate procedures. The jury can not prove whether there is a reasonable doubt. Double risk prevents anyone once being retried for the same crime as innocence.
Of course, everyone knows that idealism does not necessarily translate well from theory to reality. The US courts have a history of unfair fraud. This fact is reflected in many of our most well-studied literary works. Think of Arthur Miller 's 1953 theater "The Crucible". This story, founded in New England's Puritan in 1690, revisits the hunting of Salem witches, the birthplace of American civilization.
With the authority of the local courts, talented scary girls accuse dozens of fellow magical townspeople. Most people confess that they will spare their lives, but people with a strong position are executed for dealings with devils. New England in colonial times is more clearly defined than the American judicial branch, but the historical scream is actually a thin hidden allegory about the McCarthy theory of the 20th century America.
The relevance to The Crucible was the House Committee on Non-American Activities (HCUA) that surveyed, challenged and blacklisted hundreds of challenged communists between the 1940s and 50s. Waves of charges and beliefs have destroyed many dominant American occupations and personal lives. Indeed, just a few years after the theater was first created, Miller himself was attempted by HCUA, fined 500 dollars, sent to a 30-day prison, and on the blacklist. Luckily, for Miller and his wife, Marilyn Monroe, the sentence was overturned the following year.
In 1960, Harper Lee, a single author, published "To kill Kill a Mockingbird", the most famous American novel on the legal justice system. Among them, an African-American mother named Tom Robinson was sentenced to death by raping a white woman and he has plenty of evidence to prove innocence forever. The plot is not modeled after the event, but in 1931 there were countless realities like 9 black defenders, Scottsboro Boys who were arrested for raping two white women with very unstable evidence It is similar to the story of.
Mockingbird is a speech by Atticus Finch, a lawyer in Robinson, specifically explicitly addressing weaknesses in the American court system. "The court is the only trial like a jury and the jury is as healthy as those who make it," he says. And it is true: Despite all the constitutional guarantees and legal safeguards, court rulings often do not transcend the prejudice of their times.
Given the reality of the situation, you may say that you do not have the belief in such a system. In particular, considering having a belief, eventually it is very difficult to avoid legal precedents. Because we want to believe that our predecessors know what they are doing. It leads to a constitutional prohibition against dual risk that doubting the final judgment of the court by reclaiming someone with the same crime will effectively challenge the integrity of the system itself It is logical.
For example, when confessing a crime after someone proved innocent (remember the book of OJ Simpson's whole story, I Did It?), Talking about protecting the court all the suddenly very cheaply appear. Is it useful if it means that the American legal institution blindly points to the obvious defeat of justice? If not, what kind of system can you replace?
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