Poor Americans remain largely ignorant of their legal rights
Evidence
A Texas survey taken slightly earlier found important class differences in what peo ple knew about law. It is disheartening to learn that poor people know very little about their rights. For example, nearly 40 percent of the low-​income blacks who were surveyed thought police had a right to search their houses whenever they wanted to, which is certainly not the law. More recently, day laborers in Arizona were interviewed about knowledge of their rights under labor laws, which had been strengthened to ensure, among other things, that they were paid at least minimum wage. Most of the workers knew nothing of these laws, though the ones who did were more likely to try to use the legal system to improve their work situations. This lack of information may reflect pure ignorance or (sad to say) a degree of realism. That is, low-​income people may experience law in a way that leads them to expect injustice. Their answers may be technically wrong, but match their experience of living law. — Lawrence M. Friedman and Grant M. Hayden, American Law, 1061
Categorization
- XREF: Ties to the polyad themes of law’s relationship to justice and the gap between formal and living law; also echoes Friedman’s chapter 3 point that written rules differ from actual practice. — connects to: A law can only shape behavior if it is communicated — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 1055; About 60 million low-income Americans qualify for legal aid yet few seek it. — G. Alan Tarr, Judicial Process and Judicial…, 1124; Rule by decree keeps subjects ignorant of what governs them — Hannah Arendt, The Origins of Totalitarianism, 620 (+1 more)
- CANDY: The finding that 40 percent of low-income Black respondents thought police could search their houses anytime is striking and discussion-worthy.
Broader Connections
- About 60 million low-income Americans qualify for legal aid yet few seek it.
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1124 - The penal apparatus morally reeducated the poor into legalism
#complicates(0.72) — Michel Foucault, Discipline & Punish- The Birth of the…, 436 - Rule by decree keeps subjects ignorant of what governs them
#qualifies(0.70) — Hannah Arendt, The Origins of Totalitarianism, 620