Wednesday, July 29, 2009

What I Think Of The Legal System

Although our legal system at times may seem very cumbersome, and at times completely overwhelmed, it is important to know its value to America. America’s legal system is older than America itself. The very legal system we use has been used in England for hundreds of years. The most important practice that was borrowed from the English is known as “Stare Decisis, which means to stand on decided cases” (Essentials of Business Law, Liuzzo, pg.5). This is a very simple, but powerful practice. Of the millions of cases that have been tried over the last two-hundred and thirty years, all of them have been influenced one way or another by stare decisis. We live in a country of ever-changing technology and ideas; meanwhile our legal system has stayed the same. Why is this? The main reason nothing has changed, simply put, is how do you judge a case not using practices previously used? If you did, the outcome would probably not be very thorough. Also, at some point you would lose consistency from decision to decision. The old saying goes, “If it ain’t broke; don’t fix it.” This could not be more true for our legal system. As our country grows in age, we all will see many new inventions and ideas that will blow us away. Even though I’ve been saying all along that our legal system hasn’t changed; it actually changes every day. In my previous blog, I wrote about a girl who committed suicide in her bedroom after being emotionally distressed about a boy who broke her heart. The mother who was brought up on charges was found to be innocent. Suicide is nothing new to our country, but using a computer to torment an innocent child is uncharted waters. Whether good or bad, this case will always be looked back upon to help decide the outcome of future cases like it.

Wednesday, July 22, 2009

MySpace Hoax Week 2

In the untimely death of St. Louis native thirteen year old Meagan Meier, an ethical and disturbing question arises. Why on earth would Lori Drew, a grown adult, purposely toy with the mind of a thirteen year old, which would eventually lead to suicide? When Meagan’s mother Tina found her hanged with a belt in her room, these questions quickly began to surface. I personally am sickened by the fact in which a grown woman, with a family of her own, would ever go to the extents she did to torment a child whom had never caused any harm to her or her family. In addition, Lori also had help from not only her own daughter, but family friend Ashley Grills as well. It’s true that we will never know if Meagan Meier was the type of girl to actually commit suicide, but we also don’t know if she would have grown up to be a normal, non-suicidal person also. Love is a powerful thing, especially at the tender age of thirteen, and there is no doubt in my mind that Lori Drew at sometime in her life was crushed by the man of her dreams. Lori Drew systematically devised a plan to permanently destroy the psyche of an impressionable girl. Unfortunately, the State of Missouri has deemed Lori Drew not guilty, which in my opinion is a travesty, and will send rumbles throughout the legal and business sectors regarding the standards in which our children are protected. This will also, undoubtedly, send a grave message to all parents reading our government will not always make the correct decision based on actions in which others have acted. A parent, and only a parent, has the ability to keep an eye on their child. Hopefully karma will intervene and undo a wrong that has taken place.

Wednesday, July 15, 2009

Lawyers: The Necessary Evil

The United States of America is comprised of three branches of government; the executive, the legislative, and the judicial branch. My focus is with the judicial branch, and more specifically all of the lawyers that are a necessary requirement for this branch. There has always been a mind boggling stat that has amazed me for as long as I can remember, and it goes something like this. There are more lawyers in our country than there are cases to be tried. How is this possible? Why does the number of law students keep increasing? I have a couple of theories that I believe help explain this staggering stat. Our country was built on the foundation of freedom and liberty, but because there is so much room for interpretation of what defines freedom and liberty, there are many loop holes within our judicial system in which a great number of lawyers are able to operate. I understand the importance of representation when in a court of law, but I do have an issue with specialized law firms that specifically target people and or companies for the sole purpose of filling their pockets with cash, however, I am at a quandary with that statement, because America is the one place in this world where anyone can become what they want to be. In addition, lawyers bring seasons of change, and after all without change we as a country would not be able to move forward. My final thought on lawyers is this, as sleazy of a reputation which lawyers receive, they are a necessary evil, and for the most part, many lawyers did earn their degrees at reputable universities. There are however, a few lawyers out there that had to have gotten their degrees out of a Cracker Jack box.