Our legal system is accused of favoring the rich. And there is some truth to this. But actually, the “rich” part is partially off-the-mark.
It is on-the-mark in this simple regard: wealthy people have more money, and money buys better legal representation. In this regard, yes, our legal system does present an uneven playing field. But in other regards, in the cases that wealthy individuals get off with a lesser charge/sentence, it is likely not the wealth that matters. The wealth isn’t the real issue. What is? Consider this research finding on a related aspect of the legal system by Scott Phillips, an associate professor of sociology and criminology at the University of Denver:
A defendant is much more likely to be sentenced to death if he or she kills a “high-status” victim. [source; bold mine]
It seems that jurors, juries, judges–and attorneys, too, no doubt–act with favoritism toward high status individuals. To some degree and with great variability among the groups. And in some circumstances more than others, of course. As a telling illustration of this, consider the contemporary practice of lawyers coaching low-status defendants to appear less low-status. Put on a suit, speak proper English, etc.
In other research by Phillips, he found further evidence that status matters:
[B]lack defendants were more likely to be sentenced to death than white defendants in Houston. The racial disparities revealed in the prior paper become even more acute after accounting for victim social status – black defendants were more apt to be sentenced to death despite being less apt to kill high status victims.
While our nation is no longer overtly racist (pretty much), racist feelings and attitudes lurk beneath the surface. This prejudice assigns to blacks lower status. Some times no amount of education and money (signs of status) can change whether or not a black person is looked down upon or not.
To me, this finding about the preferential treatment of those with high status makes perfect sense. We are primates and our behavior will reflect our evolutionary heritage. Sure, we can learn to be different, with a significant degree of success. But our untutored sentiments frequently differ little from those of other apes — animals that obviously treat low-status individuals and high-status individuals quite differently.
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