The Initiation: Law is Full of Juxtapositions

“We must not make a scarecrow of the law,

Setting it up to fear the birds of prey,

And let it keep one shape, 

till custom make it.

Their perch and not their terror.”

-William Shakespeare

The court room had a bitterness to it; the thermostat set to 63 degrees, the tear-stained carpet on the right side, collocated to the perfectly organized, female dominated left. Somewhat busy, somewhat quiet, somewhat tense...these were the emotions that suspended over each person in the room. It’s shocking how parents, grandparents, and even unrelated guardians BEG the supposed lenient judge to send their child home. Is that because of their measureless love for the child or the hope that they can reprimand and rehabilitate the delinquent “this time”? Is it that they know what awaits the shackled child when the slowly step back into the cell room, a walk that both hurts the loved one and the defendant because the cold cuffs impede them from taking a full step, or because they know, at least for the time being, where their child is? Hopefully, with testimony coming in the future, I’ll be able to answer some of my own questions. 

I’ve always said I could never defend a criminal, despite their innocence until proven guilty. Yet, today I found myself commiserating with the delinquents. Perhaps, it was a combination of their age and their disadvantaged background. But, that Caroline, boy is she feisty. I learned quickly with each case to see right through it. Kids, teenagers, whatever they are, they clearly have conflated views of the world. One girl, a 15 year old!, decided to run away with her 18 year old boyfriend and proceeded to lock herself into a shed...Really though? Obviously the owner will figure out that you are in there.  I honestly do not get it. Put yourself in her position, she is running to be rebellious and from her father who still spanks her (he was sentenced to parenting classes..well deserved and a little lenient), but is that the best option a runaway has? A not-so-hidden shed? Is this too movie driven, or can’t she hop on the back of a train? I’m kidding, but again, I can understand running from her father, but as Adam said, “The law, is the law, is the law!” 

So many dichotomies! First, there is the inherent capacity to commiserate with the “kid” because he/she is a kid, or the family because they are clearly undereducated or financially unstable, but then I feel as though despite your situation there is never a viable excuse. Second, there is the usual stereotypes that you apply to the courtroom: honestly, who do you see as the defendant in the juvenile court system? You may be thinking the black kid who sells drugs, thinks he’s cool, does poorly in school, and doesn’t have a father. Conversely, you could be thinking of the “trailer-trash” white kid, whose dad is missing a tooth, talks really southern-like, and wears clothes that illustrate their socio-economic status. But, juxtapose that with these stereotypes being broken, quite often really. Today, I saw two cases where the defendants fit that stereotype. I have no idea what that means. Remember, though, that until you get to the sentencing, where all of the sob stories emerge, the law is blind to social status (at least in theory). Third, and most perplexing to me, is legal formalism versus legal realism/legal positivism. I quoted Adam from the movie “Adam’s Rib” earlier, expressing my legally formalistic standpoint, yet in class I have never agreed with this jurisprudence. I’ve alway been a Dworkin fan (law includes rule AND policies AND principles). Funny that I seemed to have turned to Austin’s over simplicity. I will definitely be documenting my feelings on this.

Very excited about the upcoming months! Coming soon to the docket:

1. Juvenile caught shoplifting. He is the size of you average 17 year old...he’s 12 or 13. The juvenile resisted arrest after being asked multiple times to comply with the officer and was tased...4 times. In the words of Professor Sarat, are you getting Tennessee v. Garner tingle? 
2. Kid brings gun to school. This will get its own special blog so stay tuned. 

“The law is reason, free from passion.” - Aristotle

Or is it?