Gypsies, the Administration of Justice, Automation and the Resolution of Problems

Abstract

Objectification, the consideration of emotional factors and the delivery of justice in courts of law in matters which involve people from minority ethnic groups are issues of great complexity This study examines the case of Gypsies in Spain but it should be noted that it is a discussion that is applicable to the situation of other racial minorities in other countries. The main problem arises from the difficulty of delimiting the processes of knowledge acquisition and action that drive human activities and judicial procedures which implicate legal agents such as judges, lawyers, the police and social workers. As with any individual, the consciousness and actions of legal agents are based on their opinions and prejudices—beliefs that are acquired through education, training, work and personal experience. These are autopoietic processes and people are influenced by the social dogma of the time, place and environment in which they live. This is also true of all the other agents, experts, witnesses and people involved in finding a judicial solution to a legal conflict. The relevance of personal factors in the procedural law system is even greater when we consider that sentences should never be based solely on personal beliefs regarding the facts of the matter; they must be based on legal texts. The origin of the problem is that laws are interpreted, accessed and applied in accordance with the prejudices and opinions of those involved in the process. The final decisions or sentences that are adopted are taken as basic models for contemplation and action and are later constituted as general cases which, for reasons of efficacy, are used as references. In addition, rather than being concerned with details and particularities, the administration of justice is becoming more and more modelled and automated. This present study aims to analyse the treatment of minorities in specific cases. With the exception of emotional factors, it is an analysis which focuses on the aforementioned details and particularities.