2 answers
Kendra
Student
Sarah, Mississippi
2
Questions
Updated
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What is the biggest difference between the way 'the law' is taught in a classroom and how it is actually practiced in the real world?
Sometimes law can be a little sugar coated in classroom's so I want to know how it's different in the real world.
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2 answers
Kim Igleheart
Career Counselor | Police Officer
1836
Answers
San Antonio, Texas
Updated
Kim’s Answer
Kendra,
Are you talking about the way law is taught in HS , college, or law school?
HS tends to teach law the way it is supposed to work, rather than reality. A simple example. My city had an ordinance that prohibited criticism of staff and elected officials when residents speak during the "citizens to be heard" portion of the council meeting. When I spoke and criticized the city manager, the mayor silenced my microphone. Afterwards, I provided solid legal precedent showing that the ordinance was an unlawful violation of the First Amendment. They refused to make any changes. Then, I found a legal organization that agreed to represent me against the City "pro bono" (at no charge). The City then agreed to make the necessary changes, rather than get embroiled in litigation. The reason they didn't make the changes before that was because they were betting I didn't have the financial resources to take them on.
In the criminal law realm, it's the same. I was sitting in court one day as many people were appearing before the judge on an MTR - Motion to Revoke Probation. There was an individual who was very close to the end of their probation who missed one appointment with their probation officer because their child was sick. They had never missed an appointment before that. The judge revoked her probation, sending her to prison. Then, a young adult who had made numerous mistakes while on probation appeared, represented by legal counsel. He got yet another break.
In criminal law, people will often take a plea bargain because they don't have the financial resources for a trial. Public defenders are overworked, so people try to hire private attorneys, but, even so, finances plays a role. They can't afford to hire all the experts that people with more money would hire - expert witnesses, accident reconstruction experts, etc. Also, people will choose to stay in jail while awaiting trial because what little money they do have needs to go for the lawyer, rather than towards posting bail. So, they lose their jobs.
And, the prison system is supposed to both punish and rehabilitate. But, it mostly just punishes. People with prison records have trouble getting decent employment. (although some states are working to address this by banning that question on job applications). And the recidivism rate is high, even among first time offenders - people end up going back to prison for another offense.
And, because the poor tend to be disproportionately minorities, it is minorities that are most affected by these economic disparities in our justice system.
Also, as was pointed out above with the MTR, the more people we send to prison, the more broken families are created, and the cycle continues.
While some violent criminals need to be locked up, there are many others who could be supervised in community-based programs.
This is all to say, that, no, justice is not blind.
Hope this answers your question.
Kim
Are you talking about the way law is taught in HS , college, or law school?
HS tends to teach law the way it is supposed to work, rather than reality. A simple example. My city had an ordinance that prohibited criticism of staff and elected officials when residents speak during the "citizens to be heard" portion of the council meeting. When I spoke and criticized the city manager, the mayor silenced my microphone. Afterwards, I provided solid legal precedent showing that the ordinance was an unlawful violation of the First Amendment. They refused to make any changes. Then, I found a legal organization that agreed to represent me against the City "pro bono" (at no charge). The City then agreed to make the necessary changes, rather than get embroiled in litigation. The reason they didn't make the changes before that was because they were betting I didn't have the financial resources to take them on.
In the criminal law realm, it's the same. I was sitting in court one day as many people were appearing before the judge on an MTR - Motion to Revoke Probation. There was an individual who was very close to the end of their probation who missed one appointment with their probation officer because their child was sick. They had never missed an appointment before that. The judge revoked her probation, sending her to prison. Then, a young adult who had made numerous mistakes while on probation appeared, represented by legal counsel. He got yet another break.
In criminal law, people will often take a plea bargain because they don't have the financial resources for a trial. Public defenders are overworked, so people try to hire private attorneys, but, even so, finances plays a role. They can't afford to hire all the experts that people with more money would hire - expert witnesses, accident reconstruction experts, etc. Also, people will choose to stay in jail while awaiting trial because what little money they do have needs to go for the lawyer, rather than towards posting bail. So, they lose their jobs.
And, the prison system is supposed to both punish and rehabilitate. But, it mostly just punishes. People with prison records have trouble getting decent employment. (although some states are working to address this by banning that question on job applications). And the recidivism rate is high, even among first time offenders - people end up going back to prison for another offense.
And, because the poor tend to be disproportionately minorities, it is minorities that are most affected by these economic disparities in our justice system.
Also, as was pointed out above with the MTR, the more people we send to prison, the more broken families are created, and the cycle continues.
While some violent criminals need to be locked up, there are many others who could be supervised in community-based programs.
This is all to say, that, no, justice is not blind.
Hope this answers your question.
Kim
DENNIS BREEN
Lawyer
235
Answers
Cary, North Carolina
Updated
DENNIS’s Answer
Hi Kendra: In the classroom you are taught by Socratic method. It truly changes the way you think. It teaches you a way to look at things in a different system - analyse rather than accept. In real life you need to think on your feet all the time so this method helps.
The practice of law can be very hard. I have been practicing for over 45 years. I know a lot of lawyers who hate it. It can be stressful. But so can school. School should teach you how to deal with the stress.
Big difference - school can be fun. Meet new people. Engage in interesting discussions. Argue about crazy stuff - but have fun. Work is work!
Good luck - enjoy school!
The practice of law can be very hard. I have been practicing for over 45 years. I know a lot of lawyers who hate it. It can be stressful. But so can school. School should teach you how to deal with the stress.
Big difference - school can be fun. Meet new people. Engage in interesting discussions. Argue about crazy stuff - but have fun. Work is work!
Good luck - enjoy school!