Popular Trials

Popular Trials

The social issues that are embedded in most of the popular trials often address or raise deep ideological issues of the particular society. The murder of Reena Virk by Kelly Ellard in 1997 and his trial following the murder shows the ideological issues in the society. Ideology is said to be the composition of ideas that reflect the societal needs and ambition of the society or a person (Balfour, Comack, 2006) [1] .Kelly Ellard was sentenced to life imprisonment on April 20, 2000 following the murder of Reena Virk. Ellard is required to serve five years in prison before she is freed by the judges as she has no mistake. He is one of the youths that are said to be involved in the murder of Reena. He is the last of the youths to be convicted and sentenced for beating Reena Virk to death in 1997. This case contains many ideological issues like the youths who are involved in murder of Reena are said to be forced by the hatred they have to beat one of their friend. The same hatred has made Ellard and Glowatski to beat Reena brutally and in

the process killing her (Balfour, Comack, 2006) [2] .This is an indication that the society has issues like hatred that need to be addressed. There are several issues that are not present in the Ellard case like the hatred, racism and sexist and feminity. This issues in the society forced the youth to kill Reena as they made the youth to have hatred towards Reena. The discrimination and sexist issues are the centre of Reenas murder but they are completely ignored during the trial (Godfrey, 2007)

[3]

.The judges should have used the hatred and power to make decisions that could determine the sentence as they are part of the crime Ellard committed. The judges in the process of the trial have denied the discrimination and sexism issue thus using another mechanism to judge the case (Godfrey, 2007)

[4]

. There are several central ideological issues that are involved in this case. For example the ideological issues like discrimination, gender issues, feminity and social class are evident in this society as shown by the Ellard trial. Despite the lack of the social environment in the legal conversation of the Ellard trial, Ideological issues have had an impact on the several features of the case. For example though Ellard is said to be white and from middle level social class and heterosexual feminity the defense has assumed that Ellard is good and innocent girl in the case (Godfrey, 2007)

[5]

.This is in contrast to the witnesses who are undermined in the case by the defense because of their ethnicity, gender and class. The defense argues that Ellard has been associating with a bad group that is blaming her for the crime thus Ellard is innocent. The judge is also in agreement with the defense as he says that Ellard is a good girl and she is only hanging out with bad friends and the society is questioning their behavior. The situations that have surrounded Reena’s murder and the cruel attack show the forms of violence women especially girls in this society face because of their ethnicity and gender issues. This shows the kind of social issues in this society that need to be addressed (Godfrey, 2007)

[6]

Popular Trials

Reena is seen by most of her friends to cross the boundaries that have been set in this Community. This has caused Reena to pay for the disobedient by being murdered. This is because of the gender and feminity issues in this community that form part of their tradition. This society likes the women to be white, from middle class and to be having heterosexual feminity thus making life difficulty for Reena as she is caught between two different cultures. Reena does not fit into this society because of her color, weight and the facial hair (Hariman, 1993) [7] .This is clearly shown by the media and people who are in agreement with the media that Reena does not fit in to this society. This is because she is unable to fit with other girls that are white, from middle class families and having heterosexual feminity like Elard and this has made Ellard to develop hatred towards reena. This shows that the society in which Ellard lives does not support other cultures thus they have to live and abide by the norms of the society if they want to fit into the society. This is because the society views Reena to be deviant because of her brown color, a large body and facial hair .This is in contrast to how the society needs the women to be. For this society women are supposed to be thin, air skinned, humble and heterosexual. The society also sees Reena to be deviant by stealing the phonebook and

spreading rumor (Hariman, 1993) [8] .This is because the girls have decided to kill her as they thought that she has infringed on their territory by picking the phonebook. The gender and feminity issues are further evident in south Asian society because it requires its women to stay in the house, not to smoke cigarettes and not to associate with males. But for Reena she is seen to be deviant as she associates with males, smokes cigarette and stays out until it’s late. This shows that this society is based on gender and feminity issues and women have to abide by the rules if they are part of this society (Hariman, 1993)

[9]

.The conception this community has also reveals the issues in this society. This community is not natural because it does not sustain the knowledge and multicultural behavior that is found in most communities (Hariman, 1990)

[10]

. This society is because of the political and cultural ideologies that make this society to rely on social relations which form the social life in this society thus not encouraging association between the different people in the society. The ideological issues in this society have forced this society to create boundaries using their culture thus making some traits common for women in this society. This is shown in the case because the defense protects Ellard because she is from a different society from Reena. This is because they term Reena to be disobedient because she does not follow the culture that has been created in this society. In order to enhance cohesion in this society the society is portrayed in the public to be peaceful and that it supports other cultures (Spears, 2000)

[11]

. This is evidenced by the media in the country when it decided to cover the ideological issues that are common in the society in the Ellard trial by portraying her to be good and only involved in a bad company that has forced her to murder Reena .This is in contrast to the behavior in the society because the youth involved in the murder portray the society to be having hatred towards people from other cultures. The judges also side with the media and the defense in

Popular Trials

covering the crimes in the society. This is an indication that this society is not open but it only fights to cover the issues affecting the society(Weiten,&McCann,2006)

[12]

Thus the Asian community is based on certain traditions like the role of women in this society and their behavior and look they are supposed to have. This is because women from this society are supposed to be fair skinned, non smokers and they should come home early (Trotti, 2008). These traditions have resulted to hatred against Reena as she is seen to be deviant to the society by staying out late and smoking and having a different body shape. The society is also based on social classes like the defense says that Ellard is from middle class unlike Reena so she can’t commit such a crime. The society also has different view on gender when it comes to their roles. This is shown by the norms in the society where by they don’t allow the women in the society to interact with male at early age before marriage (Trotti, 2008)

[13]

. This is one of the reasons why the youth have developed negative attitude towards Reena as they see her associating with males at an early age thus going contrary to their norms. The media and the defense have perceived Reena not willing to live according to the norms in the society. Another ideological issue in this society is the use of power in the judicial systems. The reason why the Ellard case does not reveal issues of discrimination against Reena is because the legal system does not acknowledge the presence of discrimination in the society. The legal systems in this society are able to create and maintain different associations of power. These institutions maintain power in different ways .The judges in the Ellard trial have created the credibility of the witnesses and also discriminate the witnesses in the case using the powers they have. For example in the Elard case it clearly shows the ideology of power in the community as the defense is able to make Ellard to be an innocent young girl. This is because the defense believes that Ellard is from a higher social class and different culture so she is only involved in bad company that has influenced her as they have associated her with the crime. This argument is made to defend Ellard as they want her to appear innocent for the judge to believe that Ellard can not commit such a crime (Weiten, &McCann, 2006)

[14]

.The judges have also sided with the defense in the case as they believe that Ellard is innocent and she is only been influenced by the bad friends to commit the crime thus causing the society to believe that Ellard has only gone astray because of the bad influence hence she is innocent. This is contrary to the murder because it is clearly stated that Ellard is the one who committed the crime by beating Reena to death. The defense also stated that Ellard had just strayed because of the bad influence she had gotten from the peer thus she is innocent. The defense counsel has decided to use contradictory information that they had acquired earlier to discredit the witnesses present in the case .They have also decided to ignore the evidence from the witnesses by saying that it is only based on rumors and gossip thus defending Ellard. The defense has also used the ideological issues like gender, ethnicity and feminity to make the witnesses to appear untrustworthy. This is because Reena and Ellard are from different social classes and culture. Ellard is from middle class and white while Reena is not a white and she is from low class. The two also differ in terms of sexuality as Ellard is heterosexual but Reena is not (Trotti, 2008)

[15]

.The defense has also used alcohol and drug abuse to make the witnesses untrustworthy and to make their testimony appear useless in the case. For example the defense counsel has

Popular Trials

questioned several people like G.O about use of alcohol and marijuana during the trial. This questioning is not related to the questions in the testimony provided by the witness but the defense is only aimed at discrediting this woman so that she can not provide the right information in the Ellard trial. They have also questioned another witness in the case on his alcohol intake referring to the young boy as a drunkard (Trotti, 2008)

[16]

.This is because they feared that his high alcohol intake will interfere with the testimony he could give. The social class of the witnesses and the extent to which they fit in the society has an impact on the questioning of the witnesses by the defense counsel. This has made the defense counsel to be ruthless while questioning the girls who have criminal account. The defense counsel looked for any mistake in the witnesses so as to use the mistake to make the witnesses to appear untrustworthy before the judge thus creating an advantage for Ellard. They interfered with the personal details of the witnesses, their background and their medical records to get any necessary information that could help them to discredit the witnesses (Trotti, 2008).

[17]

All this information has nothing to do with the testimony the witnesses provided in Ellard trial but the judges and the defense counsel wanted to make the witnesses to appear untrustworthy and discredit them. This has given the judges and the defense counsel an advantage of proving that Ellard is innocent and that the witnesses are lying since they have referred to their evidence as untrustworthy. This has benefited Ellard because he is more superior to the witnesses in terms of social class. The defense counsel and Ellard have given force information about M.P in the trial by associating M.P with a gang that is composed of young boys who are gangsters. This is aimed to defend Ellard from the case and to make M.P to be the person who murdered Reena (Spears, 2000)

[18]

. The defense counsel has also tried to convince the judge during the trial that M.P is part of gang and that she has a symbol that is related to the gang and that she has written a letter to Warren asking her to be part of the group. All this information is aimed at finding a strategy to defend Ellard by discrediting the witnesses in the trial using their social class, criminal records family background and alcohol. This strategy used by the defense counsel reveals the discrimination and gender issues that are evident in the society and the legal system which the judges and the defense counsel have used to discredit the witnesses so as to protect the criminal in the case. This is a clear view of this society as it tries to cover issues like discrimination and gender that need to be addressed. Thus people in the society can use power to manipulate issues to benefit themselves by oppressing the poor in the society (Trotti, 2008) [19]

.Another ideological issue that is evident in this case is discrimination. This is shown in the judicial system whereby the defense counsel has discredited the witnesses using their ethnicity

.For example the defense counsel has asked the witness in the case to fully describe the people who are involved in the murder of Reena so as to know their ethnicity thus ignoring their testimony because they are either from the same ethnic group with Reena or they are not related with their ethnic group. This shows that the defense counsel does not encourage multicultural associations in the society and this is also a clear view of the society (Weiten, &McCann, 2006)

[20]

.The legal system has also taken advantage of the credibility of the witnesses whereby they

Popular Trials

have done everything to protect Ellard from the murder. The same notion of Ellard being innocent has been extended in the sentence by the judge. The reason why the judge has decided to convict Ellard for five years which is considered to be a little time for somebody who has committed such a crime for a second time reflect how the defense counsel constructed Elard to be innocent and pure using some of the ideological issues in the society like social class, gender, discrimination and feminity (Trotti, 2008)

[21]

.This ideologies have had an impacted on Elard trial and her sentence thus giving her benefit as she is given a short sentence. The witnesses in this case are also ignored and said to be untrustworthy thus loosing the case. This shows the inequality that exists in this society that has led to development of hatred in the society. The reasons the judges used to decide the sentence for Ellard also shows clearly that Reenas murder is not included in the trial but the judges have completely denied that Ellard is involved in the case. By judges considering Ellard to be innocent the judges have proved that Ellard can not commit such a crime because of her gender, age, the sexuality and social class (Weiten, &McCann, 2006)

[22]

.All this issues have overcome all other things that the judges need to consider like her negative traits. The judges clearly defend Ellard in the trial by stating clearly that the results in medical records for Ellard after the crime are not different from the previous results and that they don’t expect such results from a person who has committed a crime. This is in contrast to the psychological report that details the information about Ellard. This is because the medical report states that Ellard is said to have high substance abuse .She has poor judgment skills and she does excel in school. The psychologists have described Ellard as to be stubborn, a person who likes to blame others and selfish. Despite this medical evidence the judge still protects Ellard as they think that she can not commit such a crime and only poor girls can do so. This has made most judicial systems in the community to be using power poorly thus oppressing the poor and benefiting people from high class because of the norms that have been put in this society .The oppression of the poor people is further evidenced in the case when the judge uses the social class to judge Ellard and the involvement of her family in the case (Spears, 2000).

[23]

This shows the easy ways in which the judicial system can use to manipulate the cases to fit the needs of a person so as to give the rich people favor and oppress the poor. This shows that this society is overcome by the ideological issues and that some people use these issues in the society to benefit the rich and undermine the disadvantaged .In conclusion this society is based on ideological issues like power, social class, gender and feminity. For example the society is based on discrimination and this evident in the judicial system although the judge denies that Ellard did not show discrimination. This shows the people in this society don’t understand the forms in which someone can discriminate another person in the society although it is evident in the society. The media has also covered the existence of discrimination in the society. This is a clear indication that these ideological issues are common in the society. The ideological issues are used by the judges to base the trial on Ellard. This is because the defense counsel has relied on the ideological issues in the society to discredit the witnesses in the case thus a clear indication that most of the legal systems in the society are based on these ideological issues as people can use these issues to take advantage of the ruling thus oppressing the poor in the society and advantaging the rich in the society. This is evidenced in the Ellards trial whereby the judges and the defense use every means to protect Ellard as the victim of crime and branding

Popular Trials

other people of committing the crime because of their social class and gender. This shows that the society is dominated by these ideological issues although the media and the legal systems deny them thus making it impossible for the society to accept them and correct them so as to enhance cohesion in the society by practicing multiculturalism. Institutions in this society especially the media and the legal system should try and uncover the bad practices in the society instead of covering them so as to benefit every one by correcting them (Spears,2000) [24]

Reference

Cole, G., Smith, C. (2006).The American System of Criminal Justice.Edition11.Cengage Learning, page 292

Balfour, G., and Comack, E. (2006) .Criminalizing women: gender and (in) justice in neo-liberal times.PublisherFernwood, page 48

Godfrey, R. (2007).Under the Bridge. Pocket Books, page 391

Hariman, R. (1993).Popular Trials: Rhetoric, Mass Media, and the Law. University of Alabama Press, page 17 -194

Hariman, R. (1990).Popular trials: rhetoric, mass media, and the law. University of Alabama Press, page 27

Spears, H. (2000).Required reading: a witness in words and drawings to the Reena Virk

Popular Trials

Trials.PublisherWolsak and Wynn, page 10

Trotti, M. (2008).The body in the reservoir: murder & sensationalism in the South. University of North Carolina Press, page 221

Weiten, W., &McCann, D. (2006).Psychology: Themes and Variations. Nelson Education Limited, page 1

[1] Balfour,G.,Comack,E.(2006).Criminalizing women: gender and (in)justice in neo-liberal times.PublisherFernwood, page 48

[2] Balfour,G.,Comack,E.(2006).Criminalizing women: gender and (in)justice in neo-liberal times.PublisherFernwood, page 48

[3] Godfrey, R. (2007).Under the Bridge. Pocket Books, page 391

[4] Godfrey, R. (2007).Under the Bridge. Pocket Books, page 391

[5] Godfrey, R. (2007).Under the Bridge. Pocket Books, page 391

[6] Godfrey, R. (2007).Under the Bridge. Pocket Books, page 391

[7] Hariman, R. (1993).Popular Trials: Rhetoric, Mass Media, and the Law. University of Alabama Press, page 17 -194

[8] Hariman, R. (1993).Popular Trials: Rhetoric, Mass Media, and the Law. University of

Popular Trials

Alabama Press, page 17 -194

[9] Hariman, R. (1993).Popular Trials: Rhetoric, Mass Media, and the Law. University of Alabama Press, page 17 -194

[10] Hariman, R. (1990).Popular trials: rhetoric, mass media, and the law. University of Alabama Press, page 27

[11] Spears,H.(2000).Required reading: a witness in words and drawings to the Reena Virk Trials.PublisherWolsak and Wynn, page 10

[12] Weiten, W., &McCann, D. (2006).Psychology: Themes and Variations. Nelson Education Limited, page 1

[13] Trotti, M. (2008).The body in the reservoir: murder & sensationalism in the South.