i think one of the most difficult parts of law school is often having to read cases where horrible, tragic things happen. the situation is made worse by the fact that no one talks about the necessary coping mechanisms-- i don't believe you'll find it on a PR syllabus (although correct me if i am wrong). in evidence, we talk about child molesters. in crim law, it was rape and abuse. now both con law II and family law discuss these two particularly horrible cases: one where social services failed to respond to repeated complaints until finally, a father beat his four year old son so badly that it caused brain damage. in the case i just read, a mother's three daughters disappeared while they were playing outside and she immediately called the police, suspecting it was her ex husband (whom she had a protective order against). they said they couldn't do anything until several hours passed. she kept calling and they kept pushing back the time. the husband called her and said where he had taken the daughters. the police still did nothing. finally, ten hours after she first called (and now 3AM), the husband showed up at the police station and opened fire. in the car, they found all three daughters, who had been murdered.
so unbelievably sad. and what makes it hard is that as a law student, you have to read these fact patterns and just keep going, searching for the holding and the legal analysis and all that must be anticipated for the socratic method which will occur in class. but for me, a part of me can't keep reading-- i can't focus on whether the 14th Amendment and her protective order gave the police the affirmative duty to respond, i want to grieve for this woman. i can't cut out the humanity. i wonder about my classmates: do most of them pause? or do they just keep speed reading? what is a good future lawyer supposed to do?
i think another part of this that bothers me is that often, these grieving parents don't get relief. normally i see the big picture of the just legal system and i am able to forgive the rough edges of the law. for example, i agree with the concept of a statute of limitations, even if that means that sometimes individual crimes aren't prosecuted even though they finally find the criminal. but i guess in my head i want to make an exception when children are victims, even though i know that is unreasonable and irrational. and at least that is what juries do-- smooth the rough edges of the law.
sometimes i even wish casebook editors could pick different cases-- my evidence textbook is full of child abuse cases, and i just don't see the point when so many less emotional cases could describe the same application of the Federal Rules of Evidence.
this was just something i didn't anticipate about law school-- leaving the building with a heavy heart after reading about something so sad. and most the time the cases barely feel real, but some cases are more detailed about the facts than others.