Thursday, October 14, 2010

After reading Chapter 8, I was somewhat at a loss with what to write. One area that I found intriguing was the section that discussed the reliability of the written word. The authors state, “written documents usually required careful interpretation, and they were skeptical of their accuracy and authority as well” (269). I understand the importance of the written word every day at work. My word choice in an assignment or question may change the way that a student interprets the language. After creating an assignment for the first time, I often change aspects of it before I use it again, after discovering what was unclear or misinterpreted. Having expectations in writing can also help to support a teacher (or any profession) when a parent or student tries to argue a grade or something along those lines. When I can show them that it was clearly defined on a handout, it makes my life easier. For the first 2 or 3 years that I taught 12th grade, the graduation project assignment always presented issues that I was unsure how to handle because it was not written in the packet that we distribute to the students. What do you do with the student who gives a 4 minute presentation when the requirement is 10 to 15 minutes. Should they receive another chance? If so, how much of a penalty do they receive? After dealing with issues along those lines, I collaborated with my colleagues to clearly define the expectations including the repercussions of what will happen if the requirements are not met. This definitely helps when dealing with students who choose not to follow the rules.
On another note, the authors discuss the importance of the way that a law is written. I found an interesting law that is in use in the UK, Canada, and several states in Australia. Currently there are plans to amend the Criminal Code so that the defense of provocation in criminal trials can no longer be used. According to Lawyers Weekly, “under the changes, offenders can no longer claim to be provoked by verbal insults or adverse comments to reduce the scope of the defense being available to those who kill out of sexual possessiveness or jealousy.”
According to Australian Broadcast Corporation, in Queensland, a 16-year-old student told her 26-year-old boyfriend that she cheated on him while they were driving down the highway. He pulled off the road and repeatedly hit her over the head with a steering wheel lock. She died in the hospital two days later. Currently, the defense of provocation is only available to against a charge of murder and only reduces the conviction to manslaughter. The boyfriend was acquitted of murder, but was found guilty of manslaughter and sentenced to 10 years in jail.
Another controversial part of the law is that the provoked must carry out their act immediately after the provocation occurred. What defines immediate? Many defendants, especially women, have lost their case on this ground. Many battered wives wait until their husband is asleep before they kill them. Many jury members do not view waiting for someone to go to sleep as an immediate act. The law reform will also change the wording from law of accident to unforeseen act. Right now, a if someone would punch someone and that person died they are provided for under the law of accident. When you punch someone, that is not really an accident, so the wording will be changed. However, the sentence in those particular cases will not change (abc.net). Overall, these cases show the importance of wording of a law which can ultimately lead to injustice.

1 comment:

Lady V said...

Hi Ashley,
I think it's great that you went to look into other countries to see how their laws are administered and interpreted. I think that helps us see law--or any other subject matter--in a more cross-cultural perspective. So thanks for that :) Also, I wanted to comment to agree with you about the significance of law and its interpretation. I don't want to get off topic about it, but I remember in my Juvenile Law class, we would always speak about how laws are always written in consideration of several parties. For example, juvenile law is written with consideration to the child's interest, the parents/guardian's interest, and the judicial system. I guess what I'm trying to point out is that the significant factor to consider in legal interpretation is understanding who/what party is the law being interpreted for. In other words, an interpretation of law is subjective; it a law can be interpreted to serve a particular parties' interests versus another. In terms of research, as Crowley and Hawhee mention, it is important to see that primary and secondary sources can be interpreted differently to support an individuals' interests.