Wednesday, February 14, 2007
IS JUSTICE ALWAYS JUST?
The Militant Moderate reads from several newspapers, some hardcopy and some on-line. On occasion he reads articles and views TV news accounts involving crime and punishment. Realizing that not everything about these cases is revealed to the public, thee has been some discomfort regarding the fairness of the justice system in certain ones.
For instance, one news account involved the arrest of two persons resulting from a search of their vehicle and finding eleven grams of marijuana. Eleven grams is less than a half oucnce. They were charged with possession with the felony of intent to distribute. Evidently that is in conformity with law, and we do not know the rest of the story, but it causes one to wonder.
The news has given us accounts of a man who eluded a police officer on a stolen motorcycle. In the course of a high speed chase, the police officer lost control of his vehicle, hit a tree, and was killed. That is a most unfortunate course of events, and all of us sympathize. Outrage against the eluder resulted in conviction for second degree murder and a 45 year sentence, plus 5 years for eluding, with no parole until 85% is served. This is probably within the law, and we do not know other circumstances. But, on the face of it, this appears to be vindictive justice for an unintended event involving other causative factors.
Over the years we have heard young drivers protest that they did not know thier friend had gone into the store to rob or shoot an attendant. Maybe some have been telling the truth. Maybe some who have participated in a lesser felony, such as home burglary, really did not know tht their friend would hurt somebody. Apparently the law holds them responsible for the friend's crime if charged. Does this situation not call for some discretion to assure individual justice?
The so-called "three-strikes" laws have had strange results in some states. People are serving lengthy prison terms for three minor offenses like shoplifting or hot checks. Reportedly some have gone to prison for as little as a candy bar.
Similarly, the relegation of the mentally ill to the penal system is uncaring.
Sometimes we read of charges which seem higher than the crime justifies, murder instead of manslaughter, etc. This may be due to facts not open to us, such as the criminal history of the individual. Since we do not know all the circumstances, we should probably be cautious of judging those who make the decisions within our criminal justice system.
However, we should not be blind to injustice, and we should sometimes question the fairness of our justice system. Laws may need revision. The justice system is not immune to public emotions or to politics. Our "hang 'em high" political mentality in Oklahoma no noubt influences both the law and the administration of justice.
Those who deal constantly with society's problems, sometimes termed the "criminal element" or "dregs of society," may tend to develop callousness or cynicism. That would be a natural tendency. But fairness in justice demands that professionals in the system remind one another from time to time when such appears evident. Judges are supposed to check abuses.
The justice system also needs citizen oversight. The press can be very helpful in maintaining a balanced approach to justice.
As has been said before by this writer, and redudantly in the news media, Oklahoma has too many prisoners. The state can ill afford the incarceration rate. The legislature must do something to bring Oklahoma's justice system into a more progressive modern era.
Dr. Edwin E. Vineyard, AKA the Militant Moderate
