Question from a reader:
“It is said that only the privileged class is not prosecuted. Is this true?”

Is it true that only the privileged class is not prosecuted?

Recently, I often come across the phrase “only the privileged class is not prosecuted” online. Particularly when watching the news, there are cases where celebrities or those in power commit crimes but are
not prosecuted, leading to this belief spreading among the general public. Is this really true? Let’s examine this from a legal perspective.

What are the criteria for non-prosecution?

First, let’s clarify what “non-prosecution” means. Non-prosecution refers to the decision made by prosecutors that a crime has not been established or that there is insufficient evidence to proceed with charges. In other words, it is different from “not guilty.” If one is not prosecuted, there is no outcome in court, and socially, they are considered “not guilty.” Generally speaking, there are several patterns for reasons of non-prosecution. For example, it may occur due to insufficient evidence, the victim’s wishes, or a determination that the case does not warrant prosecution. What is important here is the question of “who” is not prosecuted.

Inequality due to power and status?

According to opinions on the internet, as indicated by the term “privileged class,” it is believed that power and status may influence the outcomes. Of course, legally, everyone is equal. However, in practical application, it is a fact that many feel otherwise. For instance, if a famous actor causes a traffic accident and reaches a settlement with the victim, they may quickly be non-prosecuted. In similar situations involving ordinary citizens, strong eyewitness testimony or evidence is often required, making prosecution more likely. Many people may feel this is unfair.

The application of law and social impact

While the law theoretically promotes equality, the practical application is significantly influenced by social factors. For example, the news we see on television often contains emotional elements. Prosecutors may choose non-prosecution while considering the pain of the victim and the societal response. In fact, when I was working part-time at a judicial scrivener’s office, I encountered various cases. This job requires legal knowledge, but I also realized that human psychology and social situations have a significant impact. At one point, a client said, “I was not prosecuted, but I’m not satisfied.” I can understand that feeling.

The influence of media and public opinion

Additionally, the influence of the media cannot be ignored. The way news is reported can change public perception and trust in the judiciary. For example, if a certain incident is widely reported, prosecutors may feel pressure from public opinion. This can lead to prosecution rather than non-prosecution. Conversely, in cases involving high-profile individuals, the manner of reporting may change. For instance, certain celebrities may not have their incidents covered extensively by the media, resulting in non-prosecution. Observing such situations, it is not surprising that the term “privileged class” comes to mind.

Psychological perspective

From my perspective as a psychology major, I believe that such cases involve “social cognitive bias.” This means that people are prone to hold incorrect perceptions about specific situations or individuals. This is especially influenced by the images and narratives created by the media. For example, if the idea spreads that “the privileged class is not prosecuted,” when someone is indeed not prosecuted, people may justify it by thinking, “I knew it.” Such psychological mechanisms can amplify feelings of distrust.

Pursuing true equality

Of course, there are genuinely unfair situations in society. It cannot be denied that inequality arises from power and status, but legally, everyone should be equal. We need to work collectively towards achieving this. In my personal opinion, the judicial system should enhance transparency and create mechanisms that allow citizens to understand its operations. For instance, by making the reasons for non-prosecution public and clarifying the criteria for decisions, many doubts could be alleviated.

Conclusion

The belief that “only the privileged class is not prosecuted” arises from aspects of legal application, media influence, and social bias. However, in reality, there are various reasons for non-prosecution, and it is not necessarily the case that only the privileged class benefits. I believe we should think calmly about this issue and advocate for improvements in the legal system. Society can change. The law can also evolve with the times. I hope to be involved in that process, even in a small way. Moving forward, I want to continue examining issues from various perspectives at the intersection of law and psychology.