In discussing cooperation with my Seattle think-group, we kept coming back to issues of culture. Is this an American thing to be studying? How do other cultures regard cooperation in its various forms? Things like that.
We do this because we like to be "multi-cultural" and "inclusive." Certainly laudible goals in their own right.
But the relationship with Americans a culture / race is a tenuous one. A tightrope we walk daily -- always wanting to respect various cultures but not offend them. There are a variety of reasons for this.
The largest two being:
- When does a subculture become a culture?
- Where is the dividing line between respecting someone's culture and defining them by it?
Given that every person on the planet is an individual, we all fit into our various cultures in a personal way. And many people may visibly "belong" to a culture that they have no community or personal association with.
Ask any second or third generation Asian American what country they are from or what their native language is and you'll catch on pretty fast.
The latest installment in our internal struggle with these issues is exemplified in the case of Los Angeles Judge Gold. Judge Gold "conspired" (to use the loaded term from the article) with the District Attorney's office to systematically exclude Jews (like himself) and black women from death penalty juries.
That sounds pretty bad and it likely is. But it is borne of this social dilemma of cultural interaction.
Benson's Cultural Dilemma
Treating assumed culture or race as an infallible indicator of individual intent obliterates interpersonal understanding. Ignoring culture or race when evaluating individual intent is to willingly take actions of out context.
In the case of Judge Gold, he examined his knowledge of the Jewish faith and came to the conclusion that no practicing Jew could vote for the death penalty. While being the textbook example of discrimination, it is also harsh pragmatism and consistent with the voir dire process.
Note in the voir dire link these two sections (5 and 6):
Inquire about relationships affecting your
case. You should inquire whether any panel members know anything about
the facts of the case, have seen or heard any publicity relating to the
case, know any of the parties, know or have business dealings,
ownership interest in, or financial involvement with the opposing
party, know any of the lawyers on the other side, know any of the
witnesses, or have ever been involved in a similar incident or a
similar lawsuit.
General
areas of bias or prejudice. These may include whether the jurors have
ever had legal or medical training, have ever handled the investigation
of claims or accidents, have ever been a plaintiff or a defendant in a
lawsuit, or a member of any group regarding tort reform or "lawsuit
abuse," have any personal, religious, political, or other opinions
regarding lawsuits or what they may have seen and heard regarding tort
reform which would affect their opinion in this case.
While I wouldn't have worded some of these things this way, this illustrates that in voir dire strikes for reasons of culture are common and perhaps encouraged. In the preemptory phase of voir dire, no reason needs to be given for striking a juror. They are entirely based on discretion.
Judge Gold's alleged blanket application of culture, race and gender in striking jurors was, if true, obviously wrong. His tactic would have been more sound to note the presence of people apparently falling into various identifiable categories and then base voir dire questions to test his (or the DA's) assumptions.
Actions such as these are built on our over-estimation of labels over human beings. Our relationship with culture in all its forms is, in my opinion, our most pronounced social dilemma today.