Editor’s Note: This is a guest post by Daliso Mwanza, a student in Dr. Shulist’s seminar class on Language and Power. It was completed as a response to the book Confronting the Death Penalty: How Language Influences Jurors in Capital Cases by Robin Conley, and originally posted on Dali’s own blog.
The topic and environment of capital sentencing is quite frankly compelling when trying to capture the essence of state level violence. I could list a few theorists such as Michel Foucault, Nancy Scheper-Hughes, Antonio Gramsci, Karrebaek, and Mehan that have all discussed the mechanics of meaning, socialization, power, and the language that perpetuates these three topics. The entity of “The Law” often referred to as something all knowing or the order to our society, but to gain such formative power, society needs to feed into its legitimacy in all of our interactions. This sort of relationship between people and a system is best described by a fellow classmate of mine and brilliant critical thinker, Ruth Werbiski. How they put it, the entity of law itself creates codified rules and responsibilities that every citizen should follow through consent and coercion, which is understood as order by society. In a way this is a form of omnipresent violence that every citizen understands but some will follow and some will break, but the power is still in the hands of the law. The law feeds from the response of citizens, because it requires society to socialize each other to follow said entity, inherently feeding into it and making it grow bigger and bigger. Other institutions such as family, education, and politics aid in the growth of “Law and Order”, sometimes with the use of discourse of safety and also fear. This is where my colleague aided me in picturing the nature of Law- The Creature.
This ^ is the nature Law-The Creature.
As Ruth stated, it is comprised of multiple different parts (institutions) in our society that teach us to conform to the system of law, giving it more power. Within this process people gain an identity in relation to Law, and this is where we see the creation of jurors in capital sentencing.
Don’t get me wrong, capital punishment is pretty fucked up for so many reasons and I will get into those reasons, BUT (yes big ol but) the structures surrounding those reasons are extremely interesting and somehow offer us anthropologists a gaze into a striking aspect of human behaviour and socialization. Recall the relationship between the Law and society that was painted oh so eloquently? Yes? Great! Well in the center of that relationship is a driving force that allows the perpetuatuation and efficiency of the death sentence, and that is Objectivity.
Throughout the book, Objectivity is what allows jurors to perform the judgement of someone’s life. Firstly, objectivity is a socialized trait that is required of each jury member to remain unbiased and most importantly keeping emotion out of their judgments. The way Emotion was tied together with empathy, therefore it was not supposed to be offered the defendants. How I see it, emotion is something that cannot be turned off whenever a person sees it fit, especially in the highly emotional act of taking someone’s life. Secondly, there is the use of deitics/distancing when jurors are placed in “face-to-face encounters” with defendants. In my opinion I feel that deitics sole tool that allows the jury, defendant, and state to kill and do so while feeling sure that it was the right thing to do. We see this performance of dehumanizing, distancing, and judgement in colonial violence; war and within our modern society. Distancing allows us to be rid of empathy towards another humans life, and if we are to examine deitics within socialized objectivity in court, we can see that the state has created a language towards criminals that allows the jury to perform the act of killing. Jurors are found saying such things as “Murders are not people and do not deserve the oxygen they breathe”, this is an ideology to crime that is socialized and shared within our education systems that tell us to fear the other along with their behaviour. This made me think about the Sif Karrebaek article “‘Don’t Speak Like That to Her!’: Lingusitic Minority Children’s Socialization into an Ideology of Monolingualism”, which has a lot of similarities in language socialization within juries (2013). Jurors are constantly told to keep objective from the begining all the way to the end, and as highlighted before it usually shows through dehumanization. Discourse is what allows them to maintain the identity of law abiding, but once placed in near proximity of criminal, the mask they are wearing begins to fall apart.
The mask is what I was truly interested in, not only because I’m a Goffman groupie, but rather the reasons why we put it on! At the first layer, we put it on for our own safe. Something we can keep separate from who we really are, and once the act of killing is complete we can walk away without it being apart of us. This is very important because of how emotionally disturbing the act of capitol sentencing can be. Once brought up outside of the event jurors shared feelings of emotional trauma throughout the book, and to me this just means the mask was not really intended for the jurors. If we examine it from the second layer we can see that the mask is in place to benefit the state who must maintain control through “The Law” (DUN DUN)
Order is why this whole performance is present. There are constant reminders of following the law throughout capitol punishment, and these reminders are what keep us from going against the law (SUPER FOUCAULT). If you ask me, this is clearly a form of discursive violence that begins to fester within our society. Only thing is, we see this system as our saviour not our oppressor.