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Juries as a Social Construction

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Assignment: Write an essay discussing how a trial by jury is a small-scale example of social constructionism. Social construction is the frame through which society views an idea. It could be the idea of a crime (for example, drug abuse is a socially constructed crime not an inherent crime) or the idea of an event (for example, the beating of Rodney King as police brutality instead of necessary to protect the officers). Nothing is black-and-white, there are many different ways to view a situation. Juries are selected to be a group of peers – this is what our justice system is based off of. If an objective peer would do the same thing in the same situation, perhaps you’ll be acquitted. However, the peer-based system is flawed. The first reason is because it can be hard to find a peer for some groups. The more educated a person is, the less likely it is that their jury will be intellectual equals. On the flip side, with an extremely under-educated person, the same principle applies. The juried system works best with an average person sitting before an average group of peers. However, this same idea – of average juries for average citizens – can skew the trial in an unfair direction. Legal studies professor Hiroshi Fukurai wrote about the peer trial being a detriment to justice, giving the example of Ku Klux Klansman trials shortly after the Civil War. These men were tried for murder and torture of abolitionists and escaped slaves, and many were found not-guilty by a jury of white Republican males (Fukurai 1999). The social construction of the era said that slaves (even newly freed) were no better than animals – certainly not intelligent human beings like the former plantation owners. Therefore, murdering a black man was not considered serious by a jury of peers. In much the same vein, other social constructions can make an allegation not appear as

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