Recently, the American people have remained in quite an uproar when it comes to dealing with their Constitutional laws. From a legal standpoint, the United States Government must define the line that is both considerate of the people’s wishes and of the laws established for the better of the country. The problem is the fact that there is still what is considered as a gray area. This, the gray letter of the law, consists of all the times when the desires of the people contradict laws already in place and what is best for the country.
Incidences where the people want something that would not truly benefit their country often stem from a lack of information. For example, in the last couple of years, the United States Government has had to discuss what is meant by the Second Amendment of the Constitution. This amendment is all about the American right to bear arms. With so many recent tragedies involving gun violence, gun control laws have had to be considered. Much of the American people feel as though gun control would be beneficial to everyone whereas other Americans are concerned that the new laws would be defying the Constitution and infringing on their rights. These fears come about due to the vagueness of the amendment. There is no direct explanation of the law; therefore, it is very situational. The concern is, who gets to decide which situations the amendment is acceptable and which it is regarded as not suitable? This concern could apply to any indefinite law.
There are many common misinterpretations of laws that happen in everyday life. Countless traffic incidents occur because, with so many individuals on the road, each person could understand the traffic regulations differently. For example, many road rules slightly differ from place to place. In many rural areas, laws are enforced for drivers to slow to a stop when a traffic light turns to yellow, whereas in more urban areas, often drivers are encouraged to continue until the light turns red to keep traffic flowing. These types of interpretations repeatedly result in dangerous situations and accidents. Gatti, Kelner, Bienvenu & Montesi, PLC is Personal Injury Firm located in Memphis, Tennessee. According to their website, one of their clients was a 35-year-old man who was injured in a motor vehicle accident where another driver turned at a questionable yellow light. Circumstances, such as this, rely on the testimony of what everyone assessed the situation as. Often laws do not account for human reasoning; therefore, in traffic accidents, it is frequently difficult to understand who was at fault.
A top rated attorney would likely use the gray letter of the law to their advantage when fighting for his/her client. In most cases, this would leave the assessment and decision making up to a jury. The jury system is designed so that many different opinions and point-of-views are recognized to create a fair conclusion of the law; however, if there is enough doubt produced by using the gray area, then typically the jury cannot reach a unanimous decision.
Laws take years to be developed, and many laws have been in place for decades; however, the American people still have a question unanswered. Will there ever be a law that is not circumstantial? It is difficult to imagine a law that is both specific enough and broad enough to collectively include every possible situation. There is a lot left to be morally determined when laws are set in place, but an individuals’ ethical reasoning is different and we are left with this gray letter of the law.