Applying Critical Legal Theory to the Law of Evidence - 550 Words

Applying Critical Legal Theory to the Law of Evidence (Essay Sample) Content: Memorandum: Applying Critical Legal Theory to the Law of EvidenceStudent:Professor:Course title:Date:MEMORANDUMFrom: Joy AdamsonTo: Harriet HamiltonDate: 6/12/2014Subject: Applying Critical Legal Theory to the Law of EvidenceDear Madam,This memorandum applies critical legal theory, the critical race theory in particular, to the law of evidence. It explores the disparate impact of Rules of Evidence and evidence doctrine on groups that have traditionally been marginalized. How the Rules of Evidence might be different if traditionally marginalized populations had been fully considered in the formation as well as application of the Rules is theorized.Disparate impact is the negative effect of a standard or a practice that is non-discriminatory and neutral in its intention but, even so, it disproportionately affects people who belong to a given group because of their sex, race, age or ethnicity (UCLA School of Public Affairs 12). The Critical Race Theory (CRT) provides an important analysis of racism and race from a legal perspective. This theory recognizes that racism is entrenched in the system and fabric of the American society. The individual racist does not really have to exist to understand that racism is pervasive within the prevailing culture. CRT uses this analytical lens to examine the existing power structures. The Critical Race Theory specifies that these power structures are based upon white supremacy and white privilege that serves to perpetuate the marginalization of persons of color (Ford 4). Rules of Evidence are rules of law whereby alleged matters of fact that are submitted for investigation at a judicial trial are disproved or established. Flight from authorities by people of color in areas plagued by racial violenceIn areas that have racial violence, people of color have the tendency of avoiding the authorities and law enforcement officers. Fontes (21) pointed out that in America, incidences of law enforcement officers harassin g Latino and Black boys, beating up men, and discriminating women draw up more public attention compared to the more frequent situations in which the law enforcement officers have quietly performed their duties to help people. This adds to the perception amongst many people of color that the authorities and law enforcement officers are actually a menace that has to be avoided whenever possible. The police and authorities are seen as a threat. They also try to avoid the authorities and the police also because they are seen as trouble and they do not trust the authorities (Fontes 22). In essence, since racism is embedded in the system and fabric of the American society, people of color Blacks and Latinos have a higher chance of being arrested than whites. Moreover, the moment they are arrested, they have a higher chance of being convicted, and after being convicted, they have a higher likelihood of facing stiff sentences (Kerby 5). This demonstrates that the United States is breachi ng the International Covenant on Civil...