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Friday, February 2, 2024

Golden Rule

From Wikipedia, the free encyclopedia

"Golden Rule Sign" that hung above the door of the employee's entrance to the Acme Sucker Rod Factory in Toledo, Ohio, 1913. The business was owned by Toledo Mayor Samuel M. Jones.
"Golden Rule Sign" that hung above the door of the employees' entrance to the Acme Sucker Rod Factory in Toledo, Ohio, 1913.

The Golden Rule is the principle of treating others as one would want to be treated by them. It is sometimes called an ethics of reciprocity, meaning that you should reciprocate to others how you would like them to treat you (not necessarily how they actually treat you). Various expressions of this rule can be found in the tenets of most religions and creeds through the ages.

The maxim may appear as a positive or negative injunction governing conduct:

  • Treat others as you would like others to treat you (positive or directive form)
  • Do not treat others in ways that you would not like to be treated (negative or prohibitive form)
  • What you wish upon others, you wish upon yourself (empathetic or responsive form)

Etymology

The term "Golden Rule", or "Golden law", began to be used widely in the early 17th century in Britain by Anglican theologians and preachers; the earliest known usage is that of Anglicans Charles Gibbon and Thomas Jackson in 1604.

Ancient history

Ancient Egypt

Possibly the earliest affirmation of the maxim of reciprocity, reflecting the ancient Egyptian goddess Ma'at, appears in the story of "The Eloquent Peasant", which dates to the Middle Kingdom (c. 2040–1650 BCE): "Now this is the command: Do to the doer to make him do." This proverb embodies the do ut des principle. A Late Period (c. 664–323 BCE) papyrus contains an early negative affirmation of the Golden Rule: "That which you hate to be done to you, do not do to another."

Ancient India

Sanskrit tradition

In Mahābhārata, the ancient epic of India, there is a discourse in which sage Brihaspati tells the king Yudhishthira the following about dharma, a philosophical understanding of values and actions that lend good order to life:

One should never do something to others that one would regard as an injury to one's own self. In brief, this is dharma. Anything else is succumbing to desire.

— Mahābhārata 13.114.8 (Critical edition)

The Mahābhārata is usually dated to the period between 400 BCE and 400 CE.

Tamil tradition

In Chapter 32 in the Book of Virtue of the Tirukkuṛaḷ (c. 1st century BCE to 5th century CE), Valluvar says:

Do not do to others what you know has hurt yourself.

— Kural 316

Why does one hurt others knowing what it is to be hurt?

— Kural 318

Furthermore, in verse 312, Valluvar says that it is the determination or code of the spotless (virtuous) not to do evil, even in return, to those who have cherished enmity and done them evil. According to him, the proper punishment to those who have done evil is to put them to shame by showing them kindness, in return and to forget both the evil and the good done on both sides (verse 314).

Ancient Greece

The Golden Rule in its prohibitive (negative) form was a common principle in ancient Greek philosophy. Examples of the general concept include:

  • "Avoid doing what you would blame others for doing." – Thales (c. 624c. 546 BCE)
  • "What you do not want to happen to you, do not do it yourself either." – Sextus the Pythagorean. The oldest extant reference to Sextus is by Origen in the third century of the common era.
  • "Ideally, no one should touch my property or tamper with it, unless I have given him some sort of permission, and, if I am sensible I shall treat the property of others with the same respect." – Plato (c. 420c. 347 BCE)
  • "Do not do to others that which angers you when they do it to you." – Isocrates (436–338 BCE)
  • "It is impossible to live a pleasant life without living wisely and well and justly, and it is impossible to live wisely and well and justly without living pleasantly." – Epicurus (341–270 BC) where "justly" refers to "an agreement made in reciprocal association ... against the infliction or suffering of harm."

Ancient Persia

The Pahlavi Texts of Zoroastrianism (c. 300 BCE – 1000 CE) were an early source for the Golden Rule: "That nature alone is good which refrains from doing to another whatsoever is not good for itself." Dadisten-I-dinik, 94,5, and "Whatever is disagreeable to yourself do not do unto others." Shayast-na-Shayast 13:29

Ancient Rome

Seneca the Younger (c. 4 BCE – 65 CE), a practitioner of Stoicism (c. 300 BCE – 200 CE) expressed a hierarchical variation of the Golden Rule in his Letter 47, an essay regarding the treatment of slaves: "Treat your inferior as you would wish your superior to treat you."

Religious context

The golden rule, as described in numerous world religions

According to Simon Blackburn, the Golden Rule "can be found in some form in almost every ethical tradition". A multi-faith poster showing the Golden Rule in sacred writings from 13 faith traditions (designed by Paul McKenna of Scarboro Missions, 2000) has been on permanent display at the Headquarters of the United Nations since 4 January 2002. Creating the poster "took five years of research that included consultations with experts in each of the 13 faith groups." See also the section on Global Ethic.)

Abrahamic religions

Judaism

A rule of reciprocal altruism was stated positively in a well-known Torah verse (Hebrew: ואהבת לרעך כמוך‎):

You shall not take vengeance or bear a grudge against your kinsfolk. Love your neighbor as yourself: I am the LORD.

— Leviticus 19:18

Rashi commented what constitutes revenge and grudge, using the example of two men. One man would not lend the other his ax, then the next day, the same man asks the other for his ax. If the second man should say, "“I will not lend it to you, just as you did not lend to me," it constitutes revenge; if "Here it is for you; I am not like you, who did not lend me," it constitutes a grudge. Rashi concludes his commentary by quoting Rabbi Akiva on love of neighbor: "This is a fundamental [all-inclusive] principle of the Torah."

Hillel the Elder (c. 110 BCE – 10 CE), used this verse as a most important message of the Torah for his teachings. Once, he was challenged by a gentile who asked to be converted under the condition that the Torah be explained to him while he stood on one foot. Hillel accepted him as a candidate for conversion to Judaism but, drawing on Leviticus 19:18, briefed the man:

What is hateful to you, do not do to your fellow: this is the whole Torah; the rest is the explanation; go and learn.

Hillel recognized brotherly love as the fundamental principle of Jewish ethics. Rabbi Akiva agreed, while Simeon ben Azzai suggested that the principle of love must have its foundation in Genesis chapter 1, which teaches that all men are the offspring of Adam, who was made in the image of God.According to Jewish rabbinic literature, the first man Adam represents the unity of mankind. This is echoed in the modern preamble of the Universal Declaration of Human Rights. And it is also taught, that Adam is last in order according to the evolutionary character of God's creation:

Why was only a single specimen of man created first? To teach us that he who destroys a single soul destroys a whole world and that he who saves a single soul saves a whole world; furthermore, so no race or class may claim a nobler ancestry, saying, 'Our father was born first'; and, finally, to give testimony to the greatness of the Lord, who caused the wonderful diversity of mankind to emanate from one type. And why was Adam created last of all beings? To teach him humility; for if he be overbearing, let him remember that the little fly preceded him in the order of creation.

The Jewish Publication Society's edition of Leviticus states:

Thou shalt not hate thy brother, in thy heart; thou shalt surely rebuke thy neighbour, and not bear sin because of him. 18 Thou shalt not take vengeance, nor bear any grudge against the children of thy people, but thou shalt love thy neighbour as thyself: I am the LORD.

This Torah verse represents one of several versions of the Golden Rule, which itself appears in various forms, positive and negative. It is the earliest written version of that concept in a positive form.

At the turn of the era, the Jewish rabbis were discussing the scope of the meaning of Leviticus 19:18 and 19:34 extensively:

The stranger who resides with you shall be to you as one of your citizens; you shall love him as yourself, for you were strangers in the land of Egypt: I the LORD am your God.

— Leviticus 19:34

Commentators interpret that this applies to foreigners (= Samaritans), proselytes (= 'strangers who reside with you').

On the verse, "Love your fellow as yourself", the classic commentator Rashi quotes from Torat Kohanim, an early Midrashic text regarding the famous dictum of Rabbi Akiva: "Love your fellow as yourself – Rabbi Akiva says this is a great principle of the Torah."

Israel's postal service quoted from the previous Leviticus verse when it commemorated the Universal Declaration of Human Rights on a 1958 postage stamp.

Christianity

The Sermon on the Mount by Carl Bloch (1877) portrays Jesus teaching during the Sermon on the Mount

The "Golden Rule" was proclaimed by Jesus of Nazareth during his Sermon on the Mount and described by him as the second great commandment. The common English phrasing is "Do unto others as you would have them do unto you". A similar form of the phrase appeared in a Catholic catechism around 1567 (certainly in the reprint of 1583). Various applications of the Golden Rule are stated positively numerous times in the Old Testament: "Thou shalt not avenge, nor bear any grudge against the children of thy people, but thou shalt love thy neighbour as thyself." Or, in Leviticus 19:34: "But treat them just as you treat your own citizens. Love foreigners as you love yourselves, because you were foreigners one time in Egypt. I am the Lord your God.".

The Old Testament Deuterocanonical books of Tobit and Sirach, accepted as part of the Scriptural canon by Catholic Church, Eastern Orthodoxy, and the Non-Chalcedonian Churches, express a negative form of the golden rule:

"Do to no one what you yourself dislike."

— Tobit 4:15

Recognize that your neighbor feels as you do, and keep in mind your own dislikes.

— Sirach 31:15

Two passages in the New Testament quote Jesus of Nazareth espousing the positive form of the Golden rule:

Do to others what you want them to do to you. This is the meaning of the law of Moses and the teaching of the prophets.

And as ye would that men should do to you, do ye also to them likewise.

— Luke 6:31

A similar passage, a parallel to the Great Commandment, is Luke 10:25.

Behold, a certain lawyer stood up and tested him, saying, "Teacher, what shall I do to inherit eternal life?"

He said to him, "What is written in the law? How do you read it?"

He answered, "You shall love the Lord your God with all your heart, with all your soul, with all your strength, and with all your mind; and love your neighbor as yourself."

He said to him, "You have answered correctly. Do this, and you will live."

The passage in the book of Luke then continues with Jesus answering the question, "Who is my neighbor?", by telling the parable of the Good Samaritan, which John Wesley interprets as meaning that "your neighbor" is anyone in need.

Jesus' teaching goes beyond the negative formulation of not doing what one would not like done to themselves, to the positive formulation of actively doing good to another that, if the situations were reversed, one would desire that the other would do for them. This formulation, as indicated in the parable of the Good Samaritan, emphasizes the needs for positive action that brings benefit to another, not simply restraining oneself from negative activities that hurt another.

In one passage of the New Testament, Paul the Apostle refers to the golden rule, restating Jesus' second commandment:

For all the law is fulfilled in one word, even in this; Thou shalt love thy neighbour as thyself.

— Galatians 5:14

St. Paul also comments on the golden rule in the book of Romans:

The commandments, "You shall not commit adultery", "You shall not murder", "You shall not steal", "You shall not covet", and whatever other command there may be, are summed up in this one command: "Love your neighbor as yourself."

Islam

The Arabian peninsula was known to not practice the golden rule prior to the advent of Islam. According to Th. Emil Homerin: "Pre-Islamic Arabs regarded the survival of the tribe, as most essential and to be ensured by the ancient rite of blood vengeance." Homerin goes on to say:

Similar examples of the golden rule are found in the hadith of the prophet Muhammad. The hadith recount what the prophet is believed to have said and done, and traditionally Muslims regard the hadith as second to only the Qur'an as a guide to correct belief and action.

From the hadith, the collected oral and written accounts of Muhammad and his teachings during his lifetime:

A Bedouin came to the prophet, grabbed the stirrup of his camel and said: O the messenger of God! Teach me something to go to heaven with it. Prophet said: "As you would have people do to you, do to them; and what you dislike to be done to you, don't do to them. Now let the stirrup go! [This maxim is enough for you; go and act in accordance with it!]"

— Kitab al-Kafi, Volume 2, Book 1, Chapter 66:10

None of you [truly] believes until he wishes for his brother what he wishes for himself.

— An-Nawawi's Forty Hadith 13 (p. 56)

Seek for mankind that of which you are desirous for yourself, that you may be a believer.

— Sukhanan-i-Muhammad (Teheran, 1938)

That which you want for yourself, seek for mankind.

The most righteous person is the one who consents for other people what he consents for himself, and who dislikes for them what he dislikes for himself.

Ali ibn Abi Talib (4th Caliph in Sunni Islam, and first Imam in Shia Islam) says:

O my child, make yourself the measure (for dealings) between you and others. Thus, you should desire for others what you desire for yourself and hate for others what you hate for yourself. Do not oppress as you do not like to be oppressed. Do good to others as you would like good to be done to you. Regard bad for yourself whatever you regard bad for others. Accept that (treatment) from others which you would like others to accept from you ... Do not say to others what you do not like to be said to you.

— Nahjul Balaghah, Letter 31

Hussein bin Ali bin Awn al-Hashemi (102nd Caliph in Sunni Islam), repeated the Golden rule in the context of the Armenian genocide, thus, in 1917, he states:

Winter is ahead of us. Refugees from the Armenian Jacobite Community will probably need warmth. Help them how you would help your brothers. Pray for these people who have been expelled from their homes and left homeless and devoid of livestock and all their property.

Baháʼí Faith

The writings of the Baháʼí Faith encourage everyone to treat others as they would treat themselves and even prefer others over oneself:

O SON OF MAN! Deny not My servant should he ask anything from thee, for his face is My face; be then abashed before Me.

Blessed is he who preferreth his brother before himself.

— Bahá'u'lláh

And if thine eyes be turned towards justice, choose thou for thy neighbour that which thou choosest for thyself.

— Bahá'u'lláh

Ascribe not to any soul that which thou wouldst not have ascribed to thee, and say not that which thou doest not.

— Bahá'u'lláh

Indian religions

Hinduism

One should never do that to another which one regards as injurious to one's own self. This, in brief, is the rule of dharma. Other behavior is due to selfish desires.

— Brihaspati, Mahabharata 13.113.8 (Critical edition)

By making dharma your main focus, treat others as you treat yourself

Also,

श्रूयतां धर्मसर्वस्वं श्रुत्वा चाप्यवधार्यताम्।
आत्मनः प्रतिकूलानि परेषां न समाचरेत्।।

If the entire Dharma can be said in a few words, then it is—that which is unfavorable to us, do not do that to others.

— Padmapuraana, shrushti 19/357–358

Buddhism

Buddha (Siddhartha Gautama, c. 623–543 BCE) made the negative formulation of the golden rule one of the cornerstones of his ethics in the 6th century BCE. It occurs in many places and in many forms throughout the Tripitaka.

Comparing oneself to others in such terms as "Just as I am so are they, just as they are so am I," he should neither kill nor cause others to kill.

— Sutta Nipata 705

One who, while himself seeking happiness, oppresses with violence other beings who also desire happiness, will not attain happiness hereafter.

— Dhammapada 10. Violence

Hurt not others in ways that you yourself would find hurtful.

— Udanavarga 5:18

Putting oneself in the place of another, one should not kill nor cause another to kill.

Jainism

The Golden Rule is paramount in the Jainist philosophy and can be seen in the doctrines of ahimsa and karma. As part of the prohibition of causing any living beings to suffer, Jainism forbids inflicting upon others what is harmful to oneself.

The following line from the Acaranga Sutra sums up the philosophy of Jainism:

Nothing which breathes, which exists, which lives, or which has essence or potential of life, should be destroyed or ruled over, or subjugated, or harmed, or denied of its essence or potential. In support of this Truth, I ask you a question – "Is sorrow or pain desirable to you?" If you say "yes it is", it would be a lie. If you say, "No, It is not" you will be expressing the truth. Just as sorrow or pain is not desirable to you, so it is to all which breathe, exist, live or have any essence of life. To you and all, it is undesirable, and painful, and repugnant.

A man should wander about treating all creatures as he himself would be treated.

— Sutrakritanga, 1.11.33

In happiness and suffering, in joy and grief, we should regard all creatures as we regard our own self.

— Lord Mahavira, 24th Tirthankara

Sikhism

Precious like jewels are the minds of all. To hurt them is not at all good. If thou desirest thy Beloved, then hurt thou not anyone's heart.

— Guru Arjan Dev Ji 259, Guru Granth Sahib

Chinese religions

Confucianism

The same idea is also presented in V.12 and VI.30 of the Analects (c. 500 BCE), which can be found in the online Chinese Text Project. The phraseology differs from the Christian version of the Golden Rule. It does not presume to do anything unto others, but merely to avoid doing what would be harmful. It does not preclude doing good deeds and taking moral positions.

Taoism

The sage has no interest of his own, but takes the interests of the people as his own. He is kind to the kind; he is also kind to the unkind: for Virtue is kind. He is faithful to the faithful; he is also faithful to the unfaithful: for Virtue is faithful.

— Tao Te Ching, Chapter 49

Regard your neighbor's gain as your own gain, and your neighbor's loss as your own loss.

Mohism

If people regarded other people's states in the same way that they regard their own, who then would incite their own state to attack that of another? For one would do for others as one would do for oneself. If people regarded other people's cities in the same way that they regard their own, who then would incite their own city to attack that of another? For one would do for others as one would do for oneself. If people regarded other people's families in the same way that they regard their own, who then would incite their own family to attack that of another? For one would do for others as one would do for oneself. And so if states and cities do not attack one another and families do not wreak havoc upon and steal from one another, would this be a harm to the world or a benefit? Of course one must say it is a benefit to the world.

— Mozi, c. 400 BCE

Mozi regarded the golden rule as a corollary to the cardinal virtue of impartiality, and encouraged egalitarianism and selflessness in relationships.

Iranian religions

Zoroastrianism

Do not do unto others whatever is injurious to yourself.

— Shayast-na-Shayast 13.29

New religious movements

Wicca

Hear ye these words and heed them well, the words of Dea, thy Mother Goddess, "I command thee thus, O children of the Earth, that that which ye deem harmful unto thyself, the very same shall ye be forbidden from doing unto another, for violence and hatred give rise to the same. My command is thus, that ye shall return all violence and hatred with peacefulness and love, for my Law is love unto all things. Only through love shall ye have peace; yea and verily, only peace and love will cure the world, and subdue all evil."

— The Book of Ways, Devotional Wicca

Scientology

Try not to do things to others that you would not like them to do to you.
Try to treat others as you would want them to treat you.

Traditional African religions

Yoruba

One who is going to take a pointed stick to pinch a baby bird should first try it on himself to feel how it hurts.

— Yoruba Proverb

Odinani

Secular context

Global ethic

The "Declaration Toward a Global Ethic" from the Parliament of the World's Religions (1993) proclaimed the Golden Rule ("We must treat others as we wish others to treat us") as the common principle for many religions. The Initial Declaration was signed by 143 leaders from all of the world's major faiths, including Baháʼí Faith, Brahmanism, Brahma Kumaris, Buddhism, Christianity, Hinduism, Indigenous, Interfaith, Islam, Jainism, Judaism, Native American, Neo-Pagan, Sikhism, Taoism, Theosophist, Unitarian Universalist and Zoroastrian. In the folklore of several cultures the Golden Rule is depicted by the allegory of the long spoons.

Humanism

In the view of Greg M. Epstein, a Humanist chaplain at Harvard University, " 'do unto others' ... is a concept that essentially no religion misses entirely. But not a single one of these versions of the golden rule requires a God". Various sources identify the Golden Rule as a humanist principle:

Trying to live according to the Golden Rule means trying to empathise with other people, including those who may be very different from us. Empathy is at the root of kindness, compassion, understanding and respect – qualities that we all appreciate being shown, whoever we are, whatever we think and wherever we come from. And although it isn't possible to know what it really feels like to be a different person or live in different circumstances and have different life experiences, it isn't difficult for most of us to imagine what would cause us suffering and to try to avoid causing suffering to others. For this reason many people find the Golden Rule's corollary – "do not treat people in a way you would not wish to be treated yourself" – more pragmatic.

— Maria MacLachlan, Think Humanism

Do not do to others what you would not want them to do to you. [is] (…) the single greatest, simplest, and most important moral axiom humanity has ever invented, one which reappears in the writings of almost every culture and religion throughout history, the one we know as the Golden Rule. Moral directives do not need to be complex or obscure to be worthwhile, and in fact, it is precisely this rule's simplicity which makes it great. It is easy to come up with, easy to understand, and easy to apply, and these three things are the hallmarks of a strong and healthy moral system. The idea behind it is readily graspable: before performing an action which might harm another person, try to imagine yourself in their position, and consider whether you would want to be the recipient of that action. If you would not want to be in such a position, the other person probably would not either, and so you should not do it. It is the basic and fundamental human trait of empathy, the ability to vicariously experience how another is feeling, that makes this possible, and it is the principle of empathy by which we should live our lives.

— Adam Lee, Ebon Musings, "A decalogue for the modern world"

Existentialism

When we say that man chooses for himself, we do mean that every one of us must choose himself; but by that we also mean that in choosing for himself he chooses for all men. For in effect, of all the actions a man may take in order to create himself as he wills to be, there is not one which is not creative, at the same time, of an image of man such as he believes he ought to be. To choose between this or that is at the same time to affirm the value of that which is chosen; for we are unable ever to choose the worse. What we choose is always the better; and nothing can be better for us unless it is better for all.

Classical Utilitarianism

John Stuart Mill in his book, Utilitarianism (originally published in 1861), wrote, "In the golden rule of Jesus of Nazareth, we read the complete spirit of the ethics of utility. 'To do as you would be done by,' and 'to love your neighbour as yourself,' constitute the ideal perfection of utilitarian morality."

Other contexts

Human rights

According to Marc H. Bornstein, and William E. Paden, the Golden Rule is arguably the most essential basis for the modern concept of human rights, in which each individual has a right to just treatment, and a reciprocal responsibility to ensure justice for others.

However, Leo Damrosch argued that the notion that the Golden Rule pertains to "rights" per se is a contemporary interpretation and has nothing to do with its origin. The development of human "rights" is a modern political ideal that began as a philosophical concept promulgated through the philosophy of Jean Jacques Rousseau in 18th century France, among others. His writings influenced Thomas Jefferson, who then incorporated Rousseau's reference to "inalienable rights" into the United States Declaration of Independence in 1776. Damrosch argued that to confuse the Golden Rule with human rights is to apply contemporary thinking to ancient concepts.

Science and economics

There has been research published arguing that some 'sense' of fair play and the Golden Rule may be stated and rooted in terms of neuroscientific and neuroethical principles.

The Golden Rule can also be explained from the perspectives of psychology, philosophy, sociology, human evolution, and economics. Psychologically, it involves a person empathizing with others. Philosophically, it involves a person perceiving their neighbor also as "I" or "self". Sociologically, "love your neighbor as yourself" is applicable between individuals, between groups, and also between individuals and groups. In evolution, "reciprocal altruism" is seen as a distinctive advance in the capacity of human groups to survive and reproduce, as their exceptional brains demanded exceptionally long childhoods and ongoing provision and protection even beyond that of the immediate family. In economics, Richard Swift, referring to ideas from David Graeber, suggests that "without some kind of reciprocity society would no longer be able to exist."

Study of other primates provides evidence that the Golden Rule exists in other non-human species.

Criticism

Philosophers such as Immanuel Kant and Friedrich Nietzsche have objected to the rule on a variety of grounds. One is the epistemic question of determining how others want to be treated. The obvious way is to ask them, but they might give duplicitous answers if they find this strategically useful, and they might also fail to understand the details of the choice situation as you understand it. We might also be biased to perceiving harms and benefits to ourselves more than to others, which could lead to escalating conflict if we are suspicious of others. Hence Linus Pauling suggested that we introduce a bias towards others into the golden rule: "Do unto others 20 percent better than you would have them to unto you-to correct for subjective bias."

One religion that officially rejects the Golden Rule is the Neo-Nazi religion of the "Creativity Movement" founded by Ben Klassen. Followers of the religion believe that the Golden Rule doesn't make sense and is a "completely unworkable principle."

Differences in values or interests

George Bernard Shaw wrote, "Do not do unto others as you would that they should do unto you. Their tastes may not be the same." This suggests that if your values are not shared with others, the way you want to be treated will not be the way they want to be treated. Hence, the Golden Rule of "do unto others" is "dangerous in the wrong hands", according to philosopher Iain King, because "some fanatics have no aversion to death: the Golden Rule might inspire them to kill others in suicide missions."

Walter Terence Stace, in The Concept of Morals (1937) argued that Shaw's remark

...seems to overlook the fact that "doing as you would be done by" includes taking into account your neighbour's tastes as you would that he should take yours into account. Thus the "golden rule" might still express the essence of a universal morality even if no two men in the world had any needs or tastes in common.

Differences in situations

Immanuel Kant famously criticized the golden rule for not being sensitive to differences of situation, noting that a prisoner duly convicted of a crime could appeal to the golden rule while asking the judge to release him, pointing out that the judge would not want anyone else to send him to prison, so he should not do so to others. On the other hand, in a critique of the consistency of Kant's writings, several authors have noted the "similarity" between the Golden Rule and Kant's Categorical Imperative, introduced in Groundwork of the Metaphysic of Morals (See discussion at this link).

This was perhaps a well-known objection, as Leibniz actually responded to it long before Kant made it, suggesting that the judge should put himself in the place, not merely of the criminal, but of all affected persons and then judging each option (to inflict punishment, or release the criminal, etc.) by whether there was a “greater good in which this lesser evil was included.”

Other responses to criticisms

Marcus George Singer observed that there are two importantly different ways of looking at the golden rule: as requiring (1) that you perform specific actions that you want others to do to you or (2) that you guide your behavior in the same general ways that you want others to. Counter-examples to the golden rule typically are more forceful against the first than the second.

In his book on the golden rule, Jeffrey Wattles makes the similar observation that such objections typically arise while applying the golden rule in certain general ways (namely, ignoring differences in taste or situation, failing to compensate for subjective bias, etc.) But if we apply the golden rule to our own method of using it, asking in effect if we would want other people to apply the golden rule in such ways, the answer would typically be no, since others' ignoring of such factors will lead to behavior which we object to. It follows that we should not do so ourselves—according to the golden rule. In this way, the golden rule may be self-correcting. An article by Jouni Reinikainen develops this suggestion in greater detail.

It is possible, then, that the golden rule can itself guide us in identifying which differences of situation are morally relevant. We would often want other people to ignore any prejudice against our race or nationality when deciding how to act towards us, but would also want them to not ignore our differing preferences in food, desire for aggressiveness, and so on. This principle of "doing unto others, wherever possible, as they would be done by..." has sometimes been termed the platinum rule.

Just-world hypothesis

From Wikipedia, the free encyclopedia
The just-world hypothesis or just-world fallacy is the cognitive bias that assumes that "people get what they deserve" – that actions will necessarily have morally fair and fitting consequences for the actor. For example, the assumptions that noble actions will eventually be rewarded and evil actions will eventually be punished fall under this hypothesis. In other words, the just-world hypothesis is the tendency to attribute consequences to—or expect consequences as the result of— either a universal force that restores moral balance or a universal connection between the nature of actions and their results. This belief generally implies the existence of cosmic justice, destiny, divine providence, desert, stability, order, or the anglophone colloquial use of "Karma". It is often associated with a variety of fundamental fallacies, especially in regard to rationalizing suffering on the grounds that the sufferers "deserve" it.

The hypothesis popularly appears in the English language in various figures of speech that imply guaranteed punishment for wrongdoing, such as: "you got what was coming to you", "what goes around comes around", "chickens come home to roost", "everything happens for a reason", and "you reap what you sow". This hypothesis has been widely studied by social psychologists since Melvin J. Lerner conducted seminal work on the belief in a just world in the early 1960s. Research has continued since then, examining the predictive capacity of the hypothesis in various situations and across cultures, and clarifying and expanding the theoretical understandings of just-world beliefs.

Emergence

Many philosophers and social theorists have observed and considered the phenomenon of belief in a just world, going back to at least as early as the Pyrrhonist philosopher Sextus Empiricus, writing circa 180 CE, who argued against this belief. Lerner's work made the just-world hypothesis a focus of research in the field of social psychology. Aristotelian ethics views "justice" as the chief of the virtues, moral sense being deeply rooted in the nature of humans as social and rational animals.

Melvin Lerner

Lerner was prompted to study justice beliefs and the just-world hypothesis in the context of social psychological inquiry into negative social and societal interactions. Lerner saw his work as extending Stanley Milgram's work on obedience. He sought to answer the questions of how regimes that cause cruelty and suffering maintain popular support, and how people come to accept social norms and laws that produce misery and suffering.

Lerner's inquiry was influenced by repeatedly witnessing the tendency of observers to blame victims for their suffering. During his clinical training as a psychologist, he observed treatment of mentally ill persons by the health care practitioners with whom he worked. Although Lerner knew them to be kindhearted, educated people, they often blamed patients for the patients' own suffering. Lerner also describes his surprise at hearing his students derogate (disparage, belittle) the poor, seemingly oblivious to the structural forces that contribute to poverty. The desire to understand the processes that caused these phenomena led Lerner to conduct his first experiments on what is now called the just-world hypothesis.

Early evidence

In 1966, Lerner and his colleagues began a series of experiments that used shock paradigms to investigate observer responses to victimization. In the first of these experiments conducted at the University of Kansas, 72 female participants watched what appeared to be a confederate receiving electrical shocks for her errors during a learning task (learning pairs of nonsense syllables). Initially, these observing participants were upset by the victim's apparent suffering. But as the suffering continued and observers remained unable to intervene, the observers began to reject and devalue the victim. Rejection and devaluation of the victim was greater when the observed suffering was greater. But when participants were told the victim would receive compensation for her suffering, the participants did not derogate the victim. Lerner and colleagues replicated these findings in subsequent studies, as did other researchers.

Theory

To explain these studies' findings, Lerner theorized that there was a prevalent belief in a just world. A just world is one in which actions and conditions have predictable, appropriate consequences. These actions and conditions are typically individuals' behaviors or attributes. The specific conditions that correspond to certain consequences are socially determined by a society's norms and ideologies. Lerner presents the belief in a just world as functional: it maintains the idea that one can influence the world in a predictable way. Belief in a just world functions as a sort of "contract" with the world regarding the consequences of behavior. This allows people to plan for the future and engage in effective, goal-driven behavior. Lerner summarized his findings and his theoretical work in his 1980 monograph The Belief in a Just World: A Fundamental Delusion.

Lerner hypothesized that the belief in a just world is crucially important for people to maintain for their own well-being. But people are confronted daily with evidence that the world is not just: people suffer without apparent cause. Lerner explained that people use strategies to eliminate threats to their belief in a just world. These strategies can be rational or irrational. Rational strategies include accepting the reality of injustice, trying to prevent injustice or provide restitution, and accepting one's own limitations. Non-rational strategies include denial, withdrawal, and reinterpretation of the event.

There are a few modes of reinterpretation that could make an event fit the belief in a just world. One can reinterpret the outcome, the cause, and/or the character of the victim. In the case of observing the injustice of the suffering of innocent people, one major way to rearrange the cognition of an event is to interpret the victim of suffering as deserving. Specifically, observers can blame victims for their suffering on the basis of their behaviors and/or their characteristics. Much psychological research on the belief in a just world has focused on these negative social phenomena of victim blaming and victim derogation in different contexts.

An additional effect of this thinking is that individuals experience less personal vulnerability because they do not believe they have done anything to deserve or cause negative outcomes. This is related to the self-serving bias observed by social psychologists.

Many researchers have interpreted just-world beliefs as an example of causal attribution. In victim blaming, the causes of victimization are attributed to an individual rather than to a situation. Thus, the consequences of belief in a just world may be related to or explained in terms of particular patterns of causal attribution.

Alternatives

Veridical judgment

Others have suggested alternative explanations for the derogation of victims. One suggestion is that derogation effects are based on accurate judgments of a victim's character. In particular, in relation to Lerner's first studies, some have hypothesized that it would be logical for observers to derogate an individual who would allow himself to be shocked without reason. A subsequent study by Lerner challenged this alternative hypothesis by showing that individuals are only derogated when they actually suffer; individuals who agreed to undergo suffering but did not were viewed positively.

Guilt reduction

Another alternative explanation offered for the derogation of victims early in the development of the just-world hypothesis was that observers derogate victims to reduce their own feelings of guilt. Observers may feel responsible, or guilty, for a victim's suffering if they themselves are involved in the situation or experiment. In order to reduce the guilt, they may devalue the victim. Lerner and colleagues claim that there has not been adequate evidence to support this interpretation. They conducted one study that found derogation of victims occurred even by observers who were not implicated in the process of the experiment and thus had no reason to feel guilty.

Discomfort reduction

Alternatively, victim derogation and other strategies may only be ways to alleviate discomfort after viewing suffering. This would mean that the primary motivation is not to restore a belief in a just world, but to reduce discomfort caused by empathizing. Studies have shown that victim derogation does not suppress subsequent helping activity and that empathizing with the victim plays a large role when assigning blame. According to Ervin Staub, devaluing the victim should lead to lesser compensation if restoring belief in a just world was the primary motive; instead, there is virtually no difference in compensation amounts whether the compensation precedes or follows devaluation. Psychopathy has been linked to the lack of just-world maintaining strategies, possibly due to dampened emotional reactions and lack of empathy.

Additional evidence

After Lerner's first studies, other researchers replicated these findings in other settings in which individuals are victimized. This work, which began in the 1970s and continues today, has investigated how observers react to victims of random calamities like traffic accidents, as well as rape and domestic violence, illnesses, and poverty. Generally, researchers have found that observers of the suffering of innocent victims tend to both derogate and blame victims for their suffering. Observers thus maintain their belief in a just world by changing their cognitions about the victims' character.

In the early 1970s, social psychologists Zick Rubin and Letitia Anne Peplau developed a measure of belief in a just world. This measure and its revised form published in 1975 allowed for the study of individual differences in just-world beliefs. Much of the subsequent research on the just-world hypothesis used these measurement scales.

These studies on victims of violence, illness, and poverty and others like them have provided consistent support for the link between observers' just-world beliefs and their tendency to blame victims for their suffering. As a result, the existence of the just-world hypothesis as a psychological phenomenon has become widely accepted.

Violence

Researchers have looked at how observers react to victims of rape and other violence. In a formative experiment on rape and belief in a just world by Linda Carli and colleagues, researchers gave two groups of subjects a narrative about interactions between a man and a woman. The description of the interaction was the same until the end; one group received a narrative that had a neutral ending and the other group received a narrative that ended with the man raping the woman. Subjects judged the rape ending as inevitable and blamed the woman in the narrative for the rape on the basis of her behavior, but not her characteristics. These findings have been replicated repeatedly, including using a rape ending and a "happy ending" (a marriage proposal).

Other researchers have found a similar phenomenon for judgments of battered partners. One study found that observers' labels of blame of female victims of relationship violence increase with the intimacy of the relationship. Observers blamed the perpetrator only in the least intimate case of violence, in which a male struck an acquaintance.

Bullying

Researchers have employed the just-world hypothesis to understand bullying. Given other research on beliefs in a just world, it would be expected that observers would derogate and blame bullying victims, but the opposite has been found: individuals high in just-world belief have stronger anti-bullying attitudes. Other researchers have found that strong belief in a just world is associated with lower levels of bullying behavior. This finding is in keeping with Lerner's understanding of belief in a just world as functioning as a "contract" that governs behavior. There is additional evidence that belief in a just world is protective of the well-being of children and adolescents in the school environment, as has been shown for the general population.

Illness

Other researchers have found that observers judge sick people as responsible for their illnesses. One experiment showed that persons suffering from a variety of illnesses were derogated on a measure of attractiveness more than healthy individuals were. In comparison to healthy people, victim derogation was found for persons presenting with indigestion, pneumonia, and stomach cancer. Moreover, derogation was found to be higher for those suffering from more severe illnesses, except for those presenting with cancer. Stronger belief in a just world has also been found to correlate with greater derogation of AIDS victims.

Poverty

More recently, researchers have explored how people react to poverty through the lens of the just-world hypothesis. Strong belief in a just world is associated with blaming the poor, with weak belief in a just world associated with identifying external causes of poverty including world economic systems, war, and exploitation.

The self as victim

Some research on belief in a just world has examined how people react when they themselves are victimized. An early paper by Dr. Ronnie Janoff-Bulman found that rape victims often blame their own behavior, but not their own characteristics, for their victimization. It was hypothesized that this may be because blaming one's own behavior makes an event more controllable.

Theoretical refinement

Subsequent work on measuring belief in a just world has focused on identifying multiple dimensions of the belief. This work has resulted in the development of new measures of just-world belief and additional research. Hypothesized dimensions of just-world beliefs include belief in an unjust world, beliefs in immanent justice and ultimate justice, hope for justice, and belief in one's ability to reduce injustice. Other work has focused on looking at the different domains in which the belief may function; individuals may have different just-world beliefs for the personal domain, the sociopolitical domain, the social domain, etc. An especially fruitful distinction is between the belief in a just world for the self (personal) and the belief in a just world for others (general). These distinct beliefs are differentially associated with positive mental health.

Correlates

Researchers have used measures of belief in a just world to look at correlates of high and low levels of belief in a just world.

Limited studies have examined ideological correlates of the belief in a just world. These studies have found sociopolitical correlates of just-world beliefs, including right-wing authoritarianism and the Protestant work ethic. Studies have also found belief in a just world to be correlated with aspects of religiousness.

Studies of demographic differences, including gender and racial differences, have not shown systemic differences, but do suggest racial differences, with black people and African Americans having the lowest levels of belief in a just world.

The development of measures of just-world beliefs has also allowed researchers to assess cross-cultural differences in just-world beliefs. Much research conducted shows that beliefs in a just world are evident cross-culturally. One study tested beliefs in a just world of students in 12 countries. This study found that in countries where the majority of inhabitants are powerless, belief in a just world tends to be weaker than in other countries. This supports the theory of the just-world hypothesis because the powerless have had more personal and societal experiences that provided evidence that the world is not just and predictable.

Belief in unjust world has been linked to increased self-handicapping, criminality, defensive coping, anger and perceived future risk. It may also serve as ego-protective belief for certain individuals by justifying maladaptive behavior.

Current research

Although much of the initial work on belief in a just world focused on its negative social effects, other research suggests that belief in a just world is good, and even necessary, for mental health. Belief in a just world is associated with greater life satisfaction and well-being and less depressive affect. Researchers are actively exploring the reasons why the belief in a just world might have this relationship to mental health; it has been suggested that such beliefs could be a personal resource or coping strategy that buffers stress associated with daily life and with traumatic events. This hypothesis suggests that belief in a just world can be understood as a positive illusion. In line with this perspective, recent research also suggests that belief in a just world may explain the known statistical association between religiosity/spirituality and psychological well-being. Some belief in a just world research has been conducted within the framework of primal world beliefs, and has found strong correlations between just world belief and beliefs that the world is safe, abundant and cooperative (among other qualities).

Some studies also show that beliefs in a just world are correlated with internal locus of control. Strong belief in a just world is associated with greater acceptance of and less dissatisfaction with negative events in one's life. This may be one way in which belief in a just world affects mental health. Others have suggested that this relationship holds only for beliefs in a just world for oneself. Beliefs in a just world for others are related instead to the negative social phenomena of victim blaming and victim derogation observed in other studies.

Belief in a just world has also been found to negatively predict the perceived likelihood of kin favoritism. The perspective of the individual plays an important role in this relationship, such that when people imagine themselves as mere observers of injustice, general belief in a just world will be the stronger predictor, and when they imagine themselves as victims of injustice, personal belief in a just world will be the stronger predictor. This further supports the distinction between general and personal belief in a just world.

International research

More than 40 years after Lerner's seminal work on belief in a just world, researchers continue to study the phenomenon. Belief in a just world scales have been validated in several countries such as Iran, Russia, Brazil, and France. Work continues primarily in the United States, Europe, Australia, and Asia. Researchers in Germany have contributed disproportionately to recent research. Their work resulted in a volume edited by Lerner and German researcher Leo Montada titled Responses to Victimizations and Belief in a Just World.

Miscarriage of justice

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Miscarriage_of_justice
The headstone of Timothy Evans, who was wrongfully convicted and executed for two murders that had been committed by his neighbour.

A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.

Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team).

Some prosecutors' offices undertake conviction integrity reviews to prevent, identify, and correct wrongful convictions.

Prevalence

There are two main methods for estimating the prevalence of wrongful convictions.

Exoneration

The first is the number of exonerations where the guilty verdict has been vacated or annulled by a judge or higher court after new evidence has been brought forward proving the "guilty" person is, in fact, innocent. Since 1989, the Innocence Project has helped overturn 375 convictions of American prisoners with updated DNA evidence. However, DNA testing occurs in only 5 to 10% of all criminal cases, and exonerations achieved by the Innocence Project are limited to murder and rape cases. This raises the possibility that there may be many more wrongful convictions for which there is no evidence available to exonerate the defendant. Studies cited by the Innocence Project estimate that between 2.3% and 5% of all prisoners in the U.S. are innocent. However, a more recent study looking at convictions in the state of Virginia during the 1970s and 1980s and matching them to later DNA analysis estimates a rate of wrongful conviction at 11.6%.

A 2014 study published in Proceedings of the National Academy of Sciences made a conservative estimate that 4.1% of inmates awaiting execution on death row in the United States are innocent.

Self-report

The second method for estimating wrongful convictions involves self-report. Researchers ask prisoners whether they have ever confessed to a crime which they did not commit. Self-report allows examination of any and all crimes where wrongful conviction may have occurred, not just murder and rape cases where DNA is available. Two Icelandic studies based on self-report conducted ten years apart found the rates of false confession to be 12.2% and 24.4% respectively. These figures provide a proxy for miscarriages of justice because erroneous confessions are likely to lead to wrongful convictions. A more recent Scottish study found the rate of self-reported false confessions among a group of inmates in one prison was 33.4%.

Up to 10,000 people may be wrongfully convicted of serious crimes in the United States each year. According to Professor Boaz Sangero of the College of Law and Business in Ramat Gan, most wrongful convictions in Israel relate to less serious crimes than major felonies such as rape and murder, as judicial systems are less careful in dealing with those cases.

Contributing factors

Academics believe that six main factors contribute to miscarriages of justice. These include eyewitness misidentification, faulty forensic analysis, false confessions by vulnerable suspects, perjury and lies told by witnesses, misconduct by police, prosecutors or judges and inadequate defense strategies put forward by the defendant's legal team.

Unreliability of eyewitness testimony

Eyewitness identifications are notoriously unreliable, contributing to 70% of wrongful convictions. Starting in the 1970s, psychologists studying memory formation and retention found that the way police lineups are conducted can alter an eyewitness's memory of the suspect and this often leads to misidentification. Witnesses also have considerable difficulty making accurate identifications with suspects from different ethnic groups such that "the rate of mistaken identification is significantly higher than most people tend to believe". Elizabeth Loftus, a leading researcher in the field, says memory is so unreliable "the end result can be a highly confident witness testifying in a persuasive manner at trial about a detail that is completely false".

Forensic mistakes

Contamination

Wrongful convictions can also occur when items which become evidence at crime scenes become contaminated in the process of packaging, collection and transportation to a secured facility or laboratory. Contamination can be introduced unintentionally by material that was not present when the crime was committed by anyone entering the crime scene after the event - by uninvolved witnesses who may become suspects, and by emergency responders, fire fighters, police officers and crime scene investigators themselves. If proper protocols are not followed, evidence can also be contaminated when it is being analyzed or stored. A miscarriage of justice can occur when procedures to prevent contamination are not carried out carefully and accurately.

Faulty analysis

The Innocence Project says 44% of wrongful convictions are the result of faulty forensic analysis. This occurs when forensic experts inadvertently or deliberately misrepresent the significance, validity or reliability of scientific evidence. Over the years, misrepresentations have been made in the arenas of serological analysis, microscopic hair comparison, and the analysis of bite marks, shoe prints, soil, fiber, and fingerprints.

Overconfident experts

Overly confident testimony by expert witnesses can also lead to miscarriages of justice. The credibility of expert witnesses depends on numerous factors - in particular, their credentials, personal likability and self-confidence which all impact on how believable they are. The confidence with which experts present their evidence has also been noted to influence jurors, who tend to assume that a witness who is anxious or nervous is lying. The manner in which experts testify may have a greater impact on judges and lawyers who prefer experts who provide clear, unequivocal conclusions.

The credentials and reputation of the expert also have a significant impact on juries. For example, Charles Smith was head of the Ontario Pediatric Forensic Pathology Unit from 1982 and the most highly regarded specialist in his field. His testimony led to the convictions of thirteen women whose children died in unexplained circumstance before it came to light that he had "a thing against people who hurt children", and "was on a crusade and acted more like a prosecutor" than a pathologist. An inquiry into his conduct concluded in October 2008 that Smith "actively misled" his superiors, "made false and misleading statements" in court and exaggerated his expertise in trials.

False confessions

The possibility that innocent people would admit to a crime they did not commit seems unlikely - and yet this occurs so often, the Innocence Project found false confessions contribute to approximately 25% of wrongful convictions in murder and rape cases. Certain suspects are more vulnerable to making a false confession under police pressure. This includes individuals who are intellectually impaired, and those who suffer from mental illness. Saul Kassin, a leading expert on false confessions, says that young people are also particularly vulnerable to confessing, especially when stressed, tired, or traumatized.

Coercive interrogation techniques

Police often use coercive manipulation techniques when conducting interrogations in hopes of obtaining a confession. In the United States, one of these is known as the Reid Technique after the officer who developed it, John Reid. Introduced in the 1940s and 50s, the strategy relies on deception, coercion and aggressive confrontation to secure confessions. It became the leading interrogation method used by law enforcement throughout the United States and has led to many confessions by innocent people. As of 2014, this technique was still popular with police interrogators even though the strategy produces less information from suspects, provides fewer true confessions and more false confessions than less confrontational interviewing techniques.

Perjury and false accusations

Witnesses in police investigations may lie for a variety of reasons including: personal ill-will towards the defendant, the desire to be paid, the desire to get a deal from prosecutors or police, or an effort to deflect attention from a person's own involvement in a crime. An innocent person is more likely to be convicted when one or more witnesses have an incentive to testify, and those incentives are not disclosed to the jury. According to the National Registry of Exonerations, 57% of cases where the convicted person was eventually exonerated involves perjury or false accusations.

Prosecutorial misconduct

This occurs in numerous ways including the concealment or destruction of exculpatory evidence; the failure to disclose exculpatory evidence to the defence; the failure to reveal that certain witnesses have been paid to testify; and the planting of incriminating evidence. An Innocence Project study found that 25% of DNA exonerations involved testimony that was known to be false by the police and another 11% involved the undisclosed use of coerced witness testimony. In other words, over one third of these wrongful convictions involved prosecutorial misconduct.

Role of bias and cognitive distortions

Confirmation bias is a psychological phenomenon whereby people tend to seek and interpret information in ways that support existing beliefs. Two inter-related mechanisms tend to operate: it begins with a biased interpretation of whatever information is available, followed by selectively searching for information which supports this interpretation. In police investigations, this comes into play when detectives identify a suspect early in an investigation, come to believe he or she is guilty, and then ignore or downplay other evidence that points to someone else or doesn't fit their hypothesis about what occurred.

A number of factors contribute to this process. First, police officers often have heavy workloads and, in high-profile cases, often come under considerable pressure to catch the perpetrator as soon as possible. This may encourage a rush to judgement - in a process described by psychologists as involving a high need for cognitive closure (NFC) - the desire for a clear-cut solution which avoids confusion and ambiguity.

Second, after spending considerable time and resources trying to build a case against a particular suspect, it becomes difficult for police to admit they may be going down the wrong track. The embarrassment and loss of prestige that follows from admitting erroneous decisions may motivate investigators to continue down a chosen path and disregard evidence that points in a different direction.

Third, criminal investigations are generally theory-driven activities. Investigators tend to evaluate evidence based on their preliminary theories or hypotheses about how, and by whom, a crime was committed. Because of the pressures described above, such hypotheses are sometimes based on the expectations and preconceptions of the investigators rather than on solid facts. A study in the Journal of Investigative Psychology and Offender Profiling found that "criminal investigations which aim at generating evidence confirming an ill-founded hypothesis pose serious threats both to the security of innocent citizens and to the effectiveness of the law-enforcement system".

Noble cause corruption

Police may become convinced a particular suspect is guilty but not have sufficient evidence to prove it. Sometimes they may plant evidence in order to secure a conviction because they believe it is in the public interest, or that there is a greater good, in convicting a particular person. In other words, they believe that the ends (or the outcome) justifies the means. This is known as noble cause corruption.

Plea bargaining

Another technique used by police is plea bargaining whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt. This generally occurs when the defendant pleads guilty to a less serious charge, or to one of several charges, in return for the dismissal of the main charge; or it may mean that the defendant pleads guilty to the main charge in return for a more lenient sentence.

Compensation for wrongful conviction

Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) states that when a miscarriage of justice has occurred and the defendant's conviction has been reversed or they have been pardoned, "the person who has suffered punishment as a result of such conviction shall be compensated according to law". The right to compensation is also authorized by Article 3 of Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 10 of the American Convention on Human Rights.

Four broad approaches allow for the payment of compensation following a miscarriage of justice: tort liability in common law; claims for a breach of constitutional or human rights; statutory relief where specific legislation exists to compensate individuals who are wrongfully convicted; and non-statutory relief by way of ex-gratia schemes based on the largesse of the government.

In a study of different approaches to the payment of compensation in the United States, the United Kingdom, Canada, Australia and New Zealand, only the US and the UK have statutory schemes in place. In the United States, the federal government, the District of Columbia, and 38 states have such legislation on their statutes. Twelve states have no laws requiring compensation to be paid. However, each state differs widely in regard to eligibility requirements, maximum payments, issues concerning factual innocence, the burden of proof, the behavior of the claimant which contributed to the (now overturned) conviction, and the claimant's prior criminal history. In some states, statutes of limitations also applies.

The significant benefits of statutory schemes is that they provide money and services in compensation to individuals who have been wrongfully convicted without regard to fault or blame; they do not require claimants to prove how the prosecution or police committed their mistakes. 

Implications

The concept of miscarriage of justice has important implications for standard of review, in that an appellate court will often only exercise its discretion to correct a plain error when a miscarriage of justice (or "manifest injustice") would otherwise occur.

The risk of miscarriages of justice is often cited as a cause to eliminate the death penalty. When condemned persons are executed before they are determined to have been wrongly convicted, the effect of that miscarriage of justice is irreversible. Wrongly executed people nevertheless occasionally receive posthumous pardons—which essentially void the conviction—or have their convictions quashed.

Even when a wrongly convicted person is not executed, years in prison can have a substantial, irreversible effect on the person and their family. The risk of miscarriage of justice is therefore also an argument against long sentences, like a life sentence, and cruel prison conditions.

Consequences

Wrongful convictions appear at first to be "rightful" arrests and subsequent convictions, and also include a public statement about a particular crime having occurred, as well as a particular individual or individuals having committed that crime. If the conviction turns out to be a miscarriage of justice, then one or both of these statements is ultimately deemed to be false. In cases where a large-scale audience is unknowingly witness to a miscarriage of justice, the news-consuming public may develop false beliefs about the nature of crime itself. It may also cause the public to falsely believe that certain types of crime exist, or that certain types of people tend to commit these crimes, or that certain crimes are more commonly prevalent than they actually are. Thus, wrongful convictions can ultimately mold a society's popular beliefs about crime. Because our understanding of crime is socially constructed, it has been shaped by many factors other than its actual occurrence.

Mass media may also be faulted for distorting the public perception of crime by over-representing certain races and genders as criminals and victims, and for highlighting more sensational and invigorating types of crimes as being more newsworthy. The way a media presents crime-related issues may have an influence not only on a society's fear of crime but also on its beliefs about the causes of criminal behavior and desirability of one or another approach to crime control. Ultimately, this may have a significant impact on critical public beliefs about emerging forms of crime such as cybercrime, global crime, and terrorism.

Some wrongfully sanctioned people join organizations like the Innocence Project and Witness to Innocence to publicly share their stories, as a way to counteract these media distortions and to advocate for various types of criminal justice reform.

There are unfavorable psychological effects to those who were wrongfully sanctioned, even in the absence of any public knowledge. In an experiment, participants significantly reduced their pro-social behavior after being wrongfully sanctioned. As a consequence there were negative effects for the entire group. The extent of wrongful sanctions varies between societies.

When a crime occurs and the wrong person is convicted for it, the actual perpetrator goes free and often goes on to commit additional crimes, including hundreds of cases of violent crime. A 2019 study estimated that "the wrong‐person wrongful convictions that occur annually [in the United States] may lead to more than 41,000 additional crimes".

By country

Canada

A series of miscarriages of justice in Canada have led to reforms of the country's criminal justice system. In 1972, Donald Marshall Jr., a Mi'kmaq man, was wrongly convicted of murder. Marshall spent 11 years in jail before being acquitted in 1983. The case led to questions about the fairness of the Canadian justice system, especially given that Marshall was an Aboriginal: as the Canadian Broadcasting Corporation put it, "The name Donald Marshall is almost synonymous with 'wrongful conviction' and the fight for native justice in Canada." Marshall received a lifetime pension of $1.5 million in compensation and his conviction resulted in changes to the Canada Evidence Act so that any evidence obtained by the prosecution must be presented to the defense on disclosure.

In 1992, Guy Paul Morin was convicted of the 1984 rape and murder of an 8-year-old girl and was sentenced to life imprisonment. In 1995, new testing of DNA evidence showed Morin could not have been the murderer, and the Ontario Court of Appeal overturned his conviction. The case has been described as "a compendium of official error—from inaccurate eyewitness testimony and police tunnel vision, to scientific bungling and the suppression of evidence." Morin received $1.25 million in compensation from the Ontario government.

China

A series of wrongful convictions were uncovered in the 2010s which had a large impact on the judicial system and undermined public trust in the Chinese justice system. Zhao Zuohai was one of the wrongful convictions, who had to serve 10 years in prison for a murder he did not commit. The alleged victim that he murdered had returned home and he was released from prison. While he was being released from prison he shared some chilling news. Zuohai shared with the police officers and officials that while he was being taken into custody he repeatedly experienced torture because they were trying to extract a confession from Zuohai.

Netherlands

In response to two overturned cases, the Schiedammerpark murder case and the Putten murder, the Netherlands created the "Posthumus I committee" which analyzed what had gone wrong in the Schiedammerpark murder case. The committee concluded that confirmation bias led the police to ignore and misinterpret scientific evidence, specifically DNA. Subsequently, the Posthumus II committee investigated whether injustice occurred in similar cases. The committee received 25 applications from concerned and involved scientists and selected three for further investigation: the Lucia de Berk case, the Ina Post case, and the Enschede incest case. In those three cases, independent researchers (professors Wagenaar, van Koppen, Israëls, Crombag, and Derksen) concluded that confirmation bias and misuse of complex scientific evidence led to miscarriages of justice.

Spain

The Constitution of Spain guarantees compensation in cases of miscarriage of justice. This includes those who have been acquitted of their charges or if their case has been dismissed.

United Kingdom

The Post Office scandal is "one of the greatest miscarriages of justice in our nation's history” Rishi Sunak said during Prime Minister's questions. “People who worked hard to serve their communities had their lives and their reputations destroyed".

In the United Kingdom a jailed person, whose conviction is quashed, might be paid compensation for the time they were incarcerated. This is currently limited by statute to a maximum sum of £1,000,000 for those who have been incarcerated for more than ten years and £500,000 for any other cases, Between 2007 and 2023 there could be deductions for the cost of food and accommodation during that time.

Richard Foster, the Chairman of the Criminal Cases Review Commission (CCRC), reported in October 2018 that the single biggest cause of miscarriage of justice was the failure to disclose vital evidence.

A major factor leading to the abolition of capital punishment for murder in the United Kingdom was the case of Timothy Evans, who was executed in 1950 after being wrongfully convicted of a murder that had been committed by his neighbour.

England, Wales and Northern Ireland

Paddy Hill from the Birmingham Six in 2015. He is seen here addressing an audience as to his advocacy in fighting miscarriages of justice

Until 2005, the parole system assumed all convicted persons were guilty, and poorly handled those who were not. To be paroled, a convicted person had to sign a document in which, among other things, they confessed to the crime for which they were convicted. Someone who refused to sign this declaration spent longer in jail than someone who signed it. Some wrongly convicted people, such as the Birmingham Six, were refused parole for this reason. In 2005 the system changed, and began to parole prisoners who never admitted guilt.

English law has no official means of correcting a "perverse" verdict (conviction of a defendant on the basis of insufficient evidence). Appeals are based exclusively on new evidence or errors by the judge or prosecution (but not the defence), or jury irregularities. A reversal occurred, however, in the 1930s when William Herbert Wallace was exonerated of the murder of his wife. There is no right to a trial without jury (except during the troubles in Northern Ireland or in the case where there is a significant risk of jury-tampering, such as organised crime cases, when a judge or judges presided without a jury).

During the early 1990s, a series of high-profile cases turned out to be miscarriages of justice. Many resulted from police fabricating evidence to convict people they thought were guilty, or simply to get a high conviction rate. The West Midlands Serious Crime Squad became notorious for such practices, and was disbanded in 1989. In 1997 the Criminal Cases Review Commission was established specifically to examine possible miscarriages of justice. However, it still requires either strong new evidence of innocence, or new proof of a legal error by the judge or prosecution. For example, merely insisting on one's innocence, asserting the jury made an error, or stating there was not enough evidence to prove guilt, is not enough. It is not possible to question the jury's decision or query on what matters it was based. The waiting list for cases to be considered for review is at least two years on average.

In 2002, the Northern Ireland Court of Appeal made an exception to who could avail of the right to a fair trial in R v Walsh: "... if a defendant has been denied a fair trial it will almost be inevitable that the conviction will be regarded unsafe, the present case in our view constitutes an exception to the general rule. ... the conviction is to be regarded as safe, even if a breach of Article 6(1) were held to have occurred in the present case." (See Christy Walsh (Case).)

Scotland

The Criminal Appeal (Scotland) Act 1927 increased the jurisdiction of the Scottish Court of Criminal Appeal following the miscarriage of justice surrounding the Trial of Oscar Slater.

Reflecting Scotland's own legal system, which differs from that of the rest of the United Kingdom, the Scottish Criminal Cases Review Commission (SCCRC) was established in April 1999. All cases accepted by the SCCRC are subjected to a robust and thoroughly impartial review before a decision on whether or not to refer to the High Court of Justiciary is taken.

United States

Gravestone of George Johnson who was unjustly hanged in Arizona.

In June 2012, the National Registry of Exonerations, a joint project of the University of Michigan Law School and Northwestern University Pritzker School of Law, initially reported 873 individual exonerations in the U.S. from January 1989 through February 2012; the report called this number "tiny" in a country with 2.3 million people in prisons and jails, but asserted that there are far more false convictions than exonerations. By 2015, the number of individual exonerations was reported as 1,733, with 2015 having the highest annual number of exonerations since 1989. By 2019, the number had risen to 1,934 individuals. 20 individuals have been exonerated while on death row due to DNA evidence.

According to a 2020 report by the National Registry of Exonerations, official misconduct contributed to 54% of all wrong convictions. The study only counted misconduct when it directly contributed to the convictions, such as the generation of false evidence or concealment of evidence of innocence.

At least 21 states in the U.S. do not offer compensation for wrongful imprisonment.

The Innocence Project works to exonerate people in the United States who have been wrongfully convicted of crime. It has estimated that 1 percent of all U.S. prisoners are innocent. With the number of incarcerated Americans being approximately 2.4 million, by that estimate as many as 20,000 people may be incarcerated as a result of wrongful conviction.

Research into the issue of wrongful convictions have led to the use of methods to avoid wrongful convictions, such as double-blind eyewitness identification. Leading causes of wrongful convictions in the United States include snitches and unscientific forensics. Other causes include police and prosecutorial misconduct.

Race and systemic racism have been found to be a factor in wrongful convictions; a report by the National Registry of Exonerations found that, as of August 2022, African Americans make up 13.6% of the U.S. population, but 53% of exonerations, and that they were seven times more likely to be falsely convicted compared to White Americans.

In 2023, Glynn Simmons was released from prison after 48 years of prison. His imprisonment after wrongful conviction is believed to be the longest in American history.

Presumption of guilt

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Presumption_of_guilt

A presumption of guilt is any presumption within the criminal justice system that a person is guilty of a crime, for example a presumption that a suspect is guilty unless or until proven to be innocent. Such a presumption may legitimately arise from a rule of law or a procedural rule of the court or other adjudicating body which determines how the facts in the case are to be proved, and may be either rebuttable or irrebuttable. An irrebuttable presumption of fact may not be challenged by the defense, and the presumed fact is taken as having been proved. A rebuttable presumption shifts the burden of proof onto the defense, who must collect and present evidence to prove the suspect's innocence, in order to obtain acquittal.

Rebuttable presumptions of fact, arising during the course of a trial as a result of specific factual situations (for example that the accused has taken flight), are common; an opening presumption of guilt based on the mere fact that the suspect has been charged is considered illegitimate in many countries, and contrary to international human rights standards. In the United States, an irrebuttable presumption of guilt is considered to be unconstitutional. Informal and legally illegitimate presumptions of guilt may also arise from the attitudes or prejudices of those such as judges, lawyers or police officers who administer the system. Such presumptions may result in suspects who are innocent being brought before a court to face criminal charges, with a risk of improperly being found guilty.

Definition

According to Herbert L. Packer, "It would be a mistake to think of the presumption of guilt as the opposite of the presumption of innocence that we are so used to thinking of as the polestar of the criminal process and which... occupies an important position in the Due Process Model."[5] The presumption of guilt prioritizes speed and efficiency over reliability, and prevails when due process is absent.

In State v. Brady (1902) 91 NW 801, Weaver J said "'Presumptions of guilt' and 'prima facie' cases of guilt in the trial of a party charged with crime mean no more than that from the proof of certain facts the jury will be warranted in convicting the accused of the offense with which he is charged".

Human rights

In Director of Public Prosecutions v. Labavarde and Anor, Neerunjun C.J. said that article 11(1) of the Universal Declaration of Human Rights and article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be infringed if "the whole burden is ... cast on the defence by the creation of a presumption of guilt on the mere preferment of the criminal charge".

Inquisitorial systems

It is sometimes said that in inquisitorial systems, a defendant is guilty until proven innocent. It has also been said that this is a myth, as well as a former "common conceit of English lawyers" who asserted this was the case in France.

A presumption of guilt is incompatible with the presumption of innocence and moves an accusational system of justice toward the inquisitional.

Common law presumptions

There have existed at least two types of presumption of guilt under the law of England, which arose from a rule of law or a procedural rule of the court or other adjudicating body and determined how the facts in the case were to be proven, and could be either rebuttable or irrebuttable. Those were:

  • Presumption of guilt arising from the conduct of the party charged
  • Presumption of guilt arising from the possession of provable stolen property

Consequences

Plea bargaining has been said to involve a presumption of guilt. The American Bar Association states that people with limited resources accused of a crime "find themselves trapped by a system that presumes their guilt."

Presumption of guilt on the part of investigators may result in false confessions. The circumstances of the trial of Steven Avery for the murder of Teresa Halbach were publicized in media at the time, and were later the subject of the American documentary television series Making a Murderer. The media publications largely concerned the postulation that such a presumption of guilt had resulted the wrongful conviction, by means of an induced false confession, of Avery's nephew, Brendan Dassey.

Preventive detention, detaining an individual for a crime they may commit, has been said to involve a presumption of guilt, or something very close to one.

A fixed penalty notice or on-the-spot fine are penalties issued by police for minor offences which are difficult and expensive to appeal.

Unconstitutional, illegitimate and informal presumptions

An irrebuttable presumption of guilt is unconstitutional in the United States. An arrest, however, often becomes synonymous or "fused" with guilt, postulates Anna Roberts, a United States law professor. In the minds of jurors, the person charged must have done something wrong.

In Japan the criminal justice system has been criticized for its wide use of detentions during which suspects are forced to make false confessions during interrogations. In 2020, Japan's Justice Minister Masako Mori tweeted regarding the need for someone to prove their innocence in a court of law. She later deleted the tweet and called it "verbal gaffe".

High Court judge Sir Richard Henriques has criticized UK police training and methods which allegedly assert that "only 0.1% of rape allegations are false", and in which all complainants are treated as "victims" from the start. It is difficult to assess the true prevalence of false rape allegations, but it is generally agreed that rape accusations are false at least 2% to 10% of the time, with a greater proportion of cases not being proven to be true or false.

The American actor and producer Jeremy Piven has spoken out against the Me Too movement, which he claims, "put lives in jeopardy without a hearing, due process or evidence". Writing about Piven's comment, journalist Brendan O'Neill, suggests that the presumption of innocence is being weakened.

An illegitimate presumption of guilt may be caused or motivated by factors such as racial prejudice, "media frenzy", cognitive bias, and others.

Modal realism

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Modal_realism   ...