The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Judith Lewis HermanRead
The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men. It therefore provides strong guarantees for the rights of the accused but essentially no guarantees for the rights of the victim. If one set out by design to devise a system for provoking intrusive post-traumatic symptoms, one could not do better than a court of law.
Interpretation
The legal system often fails to protect marginalized groups from male dominance and can exacerbate trauma for victims.
Judith Lewis Herman critiques the legal system, arguing that while it is structured to safeguard individuals against state power, it inadequately defends women and children from male violence. The system's focus on the rights of the accused often comes at the expense of victims, creating an environment that can worsen their trauma rather than provide justice or healing.
In practice
During a discussion on gender-based violence and legal protections at a conference.
The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma.
Over time as most people fail the survivor's exacting test of trustworthiness, she tends to withdraw from relationships. The isolation of the survivor thus persists even after she is free.
... in practice the standard for what constitutes rape is set not at the level of women's experience of violation but just above the level of coercion acceptable to men.
The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, 'get tough' mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.
Crime takes place in every country. But it becomes abuse when the state is unwilling and unable to protect the life and honour of its citizens.
I cannot see any of these death penalty cases where there hasn't been a violation on the ground of either poverty or race. If we can ever get that straightened out, it will help. But, of course, the real answer to it is to do away with the death penalty.
Because the Illinois death penalty system is arbitrary and capricious - and therefore immoral - I no longer shall tinker with the machinery of death.
Trans women of color dangerously fall in between the cracks of racial justice, feminist and LGbt movements.
If you're not thinking about the way systemic bias can be propagated through the criminal justice system or predictive policing, then it's very likely that, if you're designing a system based on historical data, you're going to be perpetuating those biases.
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