Legal Issues

To Kill A Mocking Bird by Harper Lee is so intricately woven that it virtually bagged  a place as a classic novel : it appealed to a lot of readers around the world for the values it deeply upholds. In writing the book, the author drew inspiration from the environment and society once she grew up with. Depicting the real-life scenarios of Black people living in White society.

In the court scenario of Tom's (Black Guy's) Rape Trial for a White Girl—indeed it was convincingly clear that the jurors never relied and evaluated a set of evidence presented by the prosecution side. As can be gleaned, the Sheriff did not even presented a blotter or an incident report for that matter, more the victim did not even bolstered its case by a Medical Certificate indicating that the bruises she have had was due to the application of force against her will due to a threat against her person (Lee Chapter 17 and 18). Atticus Finch succeeded in destroying the prosecution's premise and verbal evidence against Tom during the cross-examination, but to know avail. Still, Atticus' client was adjudged to be guilty of the crime of rape despite of. In that case, prudence dictates that—proof “beyond reasonable doubt” is greatly needed in order to convict or hold a person responsible and liable for a crime and not just convict him for the reason that he is a Black Guy. In here, the legal issue involved is on the matter of “due process” which regular courts must adhere in the Rules of Evidence. Tom, was improperly convicted and made to suffer for a punishment he do not duly deserve for a crime that he never did committed. To me, having no respect for due process principle, meaning—one would be judged based on evidence presented would be and is interpreted to be a case of racial injustice. What can be inferred in the story was a 'mock' trial of Tom's case just to appear that a justice system is truly working equally for all irregardless of race, gender or class but proved us wrong. For what was expected of a case turned out to be an imprisonment for the innocent. Black Guys as can be dissected in the story were never treated that well. They were even shunned by the White Society not so much keeping in touch with them (Blacks). Getting married inter-racially at that time was a taboo—a White guy with a Black Woman, making their children a center of  public ridicule. That was so mean a helpless situation. In the micro or real life level, in the words of Atticus' to his two children not judging people without getting into their lives, their very souls. And that is due process in its purest and simplest terms.

This principle of due process left unchecked or not applied —would lead to a greater damage or destruction which is the “destruction of innocence” where innocent people languished in jail for a truly false accusation. In the story, the mob or a group of White Man even wanted to summarily execute (lynch) Tom without the benefit of a trial—that is so unfair, for in a civilized world we are ruled by law, rules. Society in that time and in that scenario was putting the law into its hands and do not believe in institutions like courts ; but then, useless judiciary if there is no vivid rules to follow but judge people like Tom based on hasty generalization and not based on the weight of evidence presented. Poor Black Guys, who were never treated equally with the just application of the law in the civilized society. But, that was the law during those times and society was easy to adjudged if you are a Black Person because White People do believe that they are more superior than Blacks.

Another legal issue to point out is the concept of equal protection clause. That a group of person must be equally and justly treated alike without an inkling of unfairness. In which Strict Scrutiny Test is and must be the gauge in which every and each classification must be based in order to promote a compelling state interest (Cross and Miller 2009).

In this aspect and area of evaluation, great trust and confidence by the society will be given to the state if the government properly apply and use the theory of equal protection—meaning, people similarly situated must be treated alike.

The scenes depicted and portrayed speaks of a lot of social injustices afforded to the Black Society. In the era of great depression—the situation was overwhelmingly felt caused by the pain and agony of being racially discriminated by the society they dearly served. The Black Guy simply deserves the same protection a White Man do has. They deserve to be fairly and justly treated in all aspects the government and society do offer.

These things happening around the lives of Black People indeed gave rise to what they called Civil Liberties Movement for the Black People's Independence that ceased the racial injustices duly afforded. And by then, equal opportunities for work, education, public services and social services were duly extended.

In the words of Atticus', Justice is the great leveler of society that it must be afforded to his client ; the concept of due process and equal protection clause is not just one attribute of a Democratic Society but of a humane and enlightened society as well—for justice is the by product of all these rules and concepts.