Monday, October 29, 2007

Reading

Chapter 8: Covering Criminal Courts

When I think of criminal cases, the first things that pop into my mind are Chicago, the movie, and Theodore Dreiser’s An American Tragedy. I always thought that all crime cases involve lengthy investigations and gathering of evidence, then there’s always an extra smart defense lawyer. Apparently, I was wrong. The article says 95% of crime cases end with a guilty plea. Wow… And the cases that get media attention are probably way less than only 5% of all cases! I guess the media do create a somewhat unrealistic image about criminal court proceedings.

Then it turns out that prosecutors try to make a deal with the defendant so that they can avoid paper work. Hm… a bit pathetic, I guess. Yeah, I know it’s not just paper work but lots of time, effort, etc. that can be saved by a simple guilty plea. But what if an innocent person decides to give in to the prosecutors’ persuasion and go to jail because he thinks that proving his innocence would be impossible and long and tiring? I mean to me, the entire criminal justice system seems risky, aggressive and blurred.

The other thing that kind of struck me was this “proof beyond reasonable doubt” along with the “guilty or not guilty” thing. This is such a cynical standpoint. Just because no one can be 100% sure about the truth, that doesn’t mean that there is no truth. But thanks to the miraculous AP Style, I can write that the defendant was INNOCENT!

But being a criminal court journalist is I guess not always fun. I’m thinking of the 7 years in prison I get if I’m trying to contact a juror during the trial. I know that there is a logical reason behind it, but 7 years seem a lot to me. I might as well just kill someone and get 10 years in prison. It’s kind of like in Wegmans… You can get half a gallon milk for $3.30 or get one gallon for $3.80. I usually pick the one gallon bottle. So, if I want to go to jail, I guess I want to do if do for killing some dictator and not for talking to a juror.

I don’t agree with death penalty. I know, as a journalist, no one really cares what I agree with, but I really don’t agree with death penalty. First of all, I don’t think anybody has the right to take someone else’s life, even if that person had killed other people. And second, what’s the point of killing a criminal? That’s almost like rewarding them: instead of long years in prison, they get to die quickly and painlessly.


Chapter 9: Covering Civil Courts

While criminal courts seem cruel and frightening, civil courts look kind of loopy and exciting. Some of the cases mentioned just blew my mind, starting with “The lady, her lap and the hot McDonald’s coffee” story. People become extraordinarily smart when it comes to getting lots of money without working for it…

Of course, I understand that for many, “tort” cases are the last chance to get someone back on track, mostly if they got hurt really bad or something. I’m sorry for those people because they not only have to stop working but they also have to go through a lengthy trial to get compensation. Like those poor guys in that PBS video “A Dangerous Business.”

But also, I kind of understand that the government wants to cut down on class action suits. My dad’s aunt told me once that she was flying back from Hawaii when the plane got into turbulence and plummeted 300 feet. The passengers ended up suing the airline and everyone got $100 compensation. If there were let’s say 150 passengers on board, that means the airline had to pay about $15,000 for a single turbulence. That kinda sucks.

Burden of proof. This thing with the percentages… How can anyone say how many percent the evidence is? So, if I show a video of my boss beating me up in a case where I’m suing my company, is it 51% or 100%? It’s so subjective! I think the human factor plays such a big role in jurisdiction.

And finally those settlements. First of all, if a Roman Catholic priest molests children, shouldn’t that be a criminal case? Mostly, because he’s a priest! People tend to trust them more, so that’s why they should be judged more seriously. And then the workers who sell themselves to the company instead of suing and thus helping others… I would sue those workers for being antisocial and selfish!

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