Justice System? America has no Justice System. America has a Legal System. I have experienced the American Legal System first hand and found its central focus to be the protection of “rights”, not the delivery of “justice”. The rights of the guilty are frequently in complete opposition to the cause of justice and the rights of the guilty are vehemently protected.
Part of the problem with making sense of this process is our mind-set. When we hear the word “Justice” we tend to think in idealistic terms. Justice implies renewal to a previous perfect or innocent state. Justice implies satisfaction. There are some situations where renewal to a previous innocent or perfect state will never happen. There are some things you cannot give back once taken. It is impossible to return and renew what has been taken from rape victims, shooting victims, and abuse victims. You can’t always return sight, or full functioning to persons permanently damaged by a bullet or other injury. You can never renew the traumatized to their pre-traumatized state. You can never return a lost loved one.
So whats the point to the justice system? To level a sentence on the guilty party that will satisfy the victims? When James Holmes is brought to ''the full extent of our Justice system" as promised by President OBama yesterday to the survivors of the massacre in Aurora Colorado, what will that look like? Life in prison? Death by whatever method is allowed in Colorado, if it’s allowed? By his death, will we be satisfied that justice has been served? Perhaps. But it still won’t bring back those 12 people who died at his hand. His death won’t restore full movement to those paralyzed and maimed. His death won’t stop the nightmares of the witnesses or remove the fears from the rest of us. So perhaps, justice never can be satisfied.
Another current case in the news - what is “just” in the case of 17 year old rape victim Savannah Deitrich, who is being charged with contempt of court for naming her two attackers (also 17) in a social setting outside the court room? The attackers “rights” were to have their identity protected from the public – this was part of a plea bargain offered to them if they would plead guilty. Miss Dietrich knew nothing about this until it had already been offered to and accepted by her attackers. These two boys violated her taking pictures during the attack then afterward circulated the photos for all to see. They damaged her, raped her and made her life a living hell, why should their rights be any more important than hers? She wants to know and so do I. Were their rights more important because they were 17? Sorry, no argument as far as I’m concerned. Savannah is 17 also.
When informed of this arrangement the Judge warned Savannah she would be held in contempt of court resulting in 180 days in jail and or a $500 fine if she violated her attackers right to privacy. Savannah says, (quote) “I’m at the point, that if I have to go to jail for my rights, I will do it,” she said. “If they really feel it’s necessary to throw me in jail for talking about what happened to me ... as opposed to throwing these boys in jail for what they did to me, then I don’t understand justice.”
Unfortunately Miss Dietrich, you may never understand “Justice” within the American Legal System. I hope, hope, hope, you are better served than most. And I support your move.
Part of the problem with making sense of this process is our mind-set. When we hear the word “Justice” we tend to think in idealistic terms. Justice implies renewal to a previous perfect or innocent state. Justice implies satisfaction. There are some situations where renewal to a previous innocent or perfect state will never happen. There are some things you cannot give back once taken. It is impossible to return and renew what has been taken from rape victims, shooting victims, and abuse victims. You can’t always return sight, or full functioning to persons permanently damaged by a bullet or other injury. You can never renew the traumatized to their pre-traumatized state. You can never return a lost loved one.
So whats the point to the justice system? To level a sentence on the guilty party that will satisfy the victims? When James Holmes is brought to ''the full extent of our Justice system" as promised by President OBama yesterday to the survivors of the massacre in Aurora Colorado, what will that look like? Life in prison? Death by whatever method is allowed in Colorado, if it’s allowed? By his death, will we be satisfied that justice has been served? Perhaps. But it still won’t bring back those 12 people who died at his hand. His death won’t restore full movement to those paralyzed and maimed. His death won’t stop the nightmares of the witnesses or remove the fears from the rest of us. So perhaps, justice never can be satisfied.
Another current case in the news - what is “just” in the case of 17 year old rape victim Savannah Deitrich, who is being charged with contempt of court for naming her two attackers (also 17) in a social setting outside the court room? The attackers “rights” were to have their identity protected from the public – this was part of a plea bargain offered to them if they would plead guilty. Miss Dietrich knew nothing about this until it had already been offered to and accepted by her attackers. These two boys violated her taking pictures during the attack then afterward circulated the photos for all to see. They damaged her, raped her and made her life a living hell, why should their rights be any more important than hers? She wants to know and so do I. Were their rights more important because they were 17? Sorry, no argument as far as I’m concerned. Savannah is 17 also.
When informed of this arrangement the Judge warned Savannah she would be held in contempt of court resulting in 180 days in jail and or a $500 fine if she violated her attackers right to privacy. Savannah says, (quote) “I’m at the point, that if I have to go to jail for my rights, I will do it,” she said. “If they really feel it’s necessary to throw me in jail for talking about what happened to me ... as opposed to throwing these boys in jail for what they did to me, then I don’t understand justice.”
Unfortunately Miss Dietrich, you may never understand “Justice” within the American Legal System. I hope, hope, hope, you are better served than most. And I support your move.