Critical Race Theory – Trial of Tom Robinson
Lucia Selaelo
201570291
Introduction
The trial of Tom Robinson takes place around the 1930s, a time in America where racism was rife and in the South, where the rights and interests of whites were favoured to those of the blacks. It was the time and era where the whites strongly believed that they were better than people of colour and due to this premise, it was more likely that people of colour would be convicted, most probably unfairly and endure arbitrary arrests and deprivation. Critical Race Theory (CRT) is the study of race, racism and power within a society and is centred on the way race is present in legal systems.
Critical Race Theory – Trial of Tom Robinson
Critical race theorists do …show more content…
In that time, it was impossible for Tom to have received a fair trial. The first reason, and the predominant reason being that, he was a black man. Black men did not stand a chance because of the racism that ran rampant among the people of Maycomb. Blacks and whites were not equals and no matter what the situation, the word of a white individual would be believed over that of a black individual. This can be seen by the statement made by Reverend Sykes to Jem: “I ain’t ever seen any jury decide in favor of a colored man over a white man”. This therefore means that regardless of the facts that are presented before the judge and jury, where a black person is innocent, they will turn a blind eye to those facts, to favour the white person. Race plays a huge rule in the fairness of the trial. “Race has a hand in all decisions by courts and legislatures”. This is to say that the decisions that are made are to further the interests of whites and not in the interest of justice. In Tom’s case, he was at a disadvantage due to the fact that the jury was made up of 12 white farmers that were sunburned and lanky. To top it all off, the “victim” was a white young girl. In these circumstances it would only be “right” that the community support their helpless …show more content…
This is evident when Atticus asks Mr Tate, the Sheriff, if after the incident occurred; he or anyone had called the doctor considering the severity of the incident. He replied “No sir”. When questioned as to why he did not, he replied: “Well I can tell you why I didn’t. It wasn’t necessary…” This goes to show that over and above the fact they didn’t act as the reasonable person would, they did not feel the need to call a doctor to prove he was guilty purely based on the colour of his skin. The shows again how race is ingrained in the legal system and in the minds of the society. The discrepancies are evident when Atticus proved to the court that the bruises that Mayella received were predominantly on the right side of her face, which would mean that a left handed person would have beaten her. Thus it would have been impossible for Tom to be guilty because it was clear that Tom’s left hand did not function – “His left arm was fully twelve inches shorter than his right, and hung dead at his side. It ended with a small shriveled hand…”. Regardless of the fact that “Atticus had used every tool to free men to save Tom Robinson”, Tom Robinsons nail in the coffin was his skin colour and the prejudice of the judge and
Lucia Selaelo
201570291
Introduction
The trial of Tom Robinson takes place around the 1930s, a time in America where racism was rife and in the South, where the rights and interests of whites were favoured to those of the blacks. It was the time and era where the whites strongly believed that they were better than people of colour and due to this premise, it was more likely that people of colour would be convicted, most probably unfairly and endure arbitrary arrests and deprivation. Critical Race Theory (CRT) is the study of race, racism and power within a society and is centred on the way race is present in legal systems.
Critical Race Theory – Trial of Tom Robinson
Critical race theorists do …show more content…
In that time, it was impossible for Tom to have received a fair trial. The first reason, and the predominant reason being that, he was a black man. Black men did not stand a chance because of the racism that ran rampant among the people of Maycomb. Blacks and whites were not equals and no matter what the situation, the word of a white individual would be believed over that of a black individual. This can be seen by the statement made by Reverend Sykes to Jem: “I ain’t ever seen any jury decide in favor of a colored man over a white man”. This therefore means that regardless of the facts that are presented before the judge and jury, where a black person is innocent, they will turn a blind eye to those facts, to favour the white person. Race plays a huge rule in the fairness of the trial. “Race has a hand in all decisions by courts and legislatures”. This is to say that the decisions that are made are to further the interests of whites and not in the interest of justice. In Tom’s case, he was at a disadvantage due to the fact that the jury was made up of 12 white farmers that were sunburned and lanky. To top it all off, the “victim” was a white young girl. In these circumstances it would only be “right” that the community support their helpless …show more content…
This is evident when Atticus asks Mr Tate, the Sheriff, if after the incident occurred; he or anyone had called the doctor considering the severity of the incident. He replied “No sir”. When questioned as to why he did not, he replied: “Well I can tell you why I didn’t. It wasn’t necessary…” This goes to show that over and above the fact they didn’t act as the reasonable person would, they did not feel the need to call a doctor to prove he was guilty purely based on the colour of his skin. The shows again how race is ingrained in the legal system and in the minds of the society. The discrepancies are evident when Atticus proved to the court that the bruises that Mayella received were predominantly on the right side of her face, which would mean that a left handed person would have beaten her. Thus it would have been impossible for Tom to be guilty because it was clear that Tom’s left hand did not function – “His left arm was fully twelve inches shorter than his right, and hung dead at his side. It ended with a small shriveled hand…”. Regardless of the fact that “Atticus had used every tool to free men to save Tom Robinson”, Tom Robinsons nail in the coffin was his skin colour and the prejudice of the judge and