4.1 • 11.9K Ratings
🗓️ 30 March 2020
⏱️ 15 minutes
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0:00.0 | This TED Talk features law professor Martha Minow, recorded live at TED Women 2019. |
0:08.8 | Would you ever forgive a person who kills a member of your family? |
0:14.7 | In September of 2019, Dallas police officer, Amber Geiger, was sentenced for murder. And then the brother of the victim |
0:26.5 | forgave her. Brent Jean was 18 years old, and I joined the rest of the country watching on television |
0:37.1 | in awe at that act of grace. |
0:40.6 | But I also worried. |
0:43.6 | I worried that people who are African-American like Brand Jean are expected to forgive more |
0:50.4 | often than other people. |
0:52.6 | And I worried that a white police officer, like Amber Geiger, |
0:56.9 | receives a lesser sentence than other people who commit wrongful killings. |
1:02.7 | But because I'm a law professor, I also worried about the law itself. |
1:10.0 | The law leaned so severely towards punishment these days that |
1:15.3 | it's part of the problem. And that's what I want to talk about here. The powerful example of one |
1:23.6 | individual's forgiveness makes me worry that lawyers and officials too often overlook the tools |
1:31.7 | that law itself creates to allow forgiveness when the principle should be the cornerstone of a thriving |
1:40.0 | society. I worry that lawyers and officials do not adequately use the tools of forgiveness, |
1:48.7 | by which I mean letting go of justified grievance. And those tools are many. They include |
1:55.4 | pardons, commutations, expungement, bankruptcy for debt, and the discretion that's held by police |
2:03.8 | and prosecutors and judges. |
2:06.8 | But I also worry, I worry a lot, I worry that these tools, when used, replicate the disparities, |
2:17.2 | the inequities along the lines of race and class and other markers of advantage and disadvantage. |
2:23.4 | Biases or privileged access are at work when United States presidents pardon people charged with crimes. |
... |
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