Page 2730 - Church of God Publications

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Justice ls Failing When...
S
omething is seriously
wrong with any nation's
values and system of justice
when criminals develop the
arrogan! idea that crime
pays.
Many criminally minded
believe if they commit a
crime the odds are they
won't be caught ; and if they
are caught they won't gel
prosecuted ; and if they are
prosecuted they won't be
convicted; and if they are
convicted they won' t go to
prison; and if they do go to
prison it won't be for very
long.
The disturbing facts are
that the odds of being
caught and punished for
crimes in many areas are
mínima
l.
In the United States, for
every 100 serious crimes, 80
are unsolved . Out of 20
criminals who are caught, 15
will have charges dismissed
for lack of evidence, be
acquitted or placed on
probation. Only five will do
Justice is corrupted
when winning a case
for a client is more
important to /awyers
than discovering the
truth.
time ·in prison. And of these
imprisoned few, most will
serve only a fraction of their
sentences and be released
from prison. Three or tour of
these criminals will be
convicted of new serious
crimes within a few years.
Judges often take the
chance of sentencing felons
to probation (free lo walk the
streets with certain limits)
rather than sending anyone,
short of a vicious hardened
criminal , lo a degrading,
overcrowded prison
environment where there is a
good chance of being
physically and sexually
34
abused, where much time is
spent without any privacy, or
in idleness, or performing
toutine tasks for low wages,
where there is no opportunity
to support a family (maybe
now torced onto welfare) or
make any meaningful
amends to society.
Justice is failing when it
pays high costs for prison
programs of rehabi litation ,
but relatively few criminals
are really rehabil itated to
socially accepted standards
of living. lnstead of
institutions of rehabilitation,
many prisons are colleges of
crime where felons come out
with advanced diplomas in
criminality.
Justice is corrupted when
winning a case for a client ,
for money or prestige, is
more importan! to lawyers
than discovering the truth to
render justice equitably.
Complete and fair truth–
seeking is not the object in
many trials in the United
States.
" Each side must present
not all it knows, but only its
'best case'; must assail the
opposition ; must attack and
counterattack, 'discover ' and
avoid discovery,"
summarizes Ann Strick in her
book on the American
adversary legal system,
lnjustice forAl!, page 20.
Justice is subverted when
books by dozens of
attorneys instruct other trial
lawyers how lo win for their
side by any tactic they can
gel away with. One such
book advises, " .. . if you are
cross-examining a
clear-headed honest
witness . . . pull the attention
of the jury away from it. "
Another book gives the
maxim: "No matter how
clear , how logical, how
concise or how honest a
witness may be or make his
testimony to appear, there is
always sorne way, if you are
ingenious enough, to cast
suspicion on it, to weaken its
effect. "
Sorne lawyers intentionally
attempt to confuse even
honest, reputable witnesses
or defame their character ,
Complete and fair
truth seeking is not
the object in many
trials in the United
States.
thus turning the witness
stand into ' 'the
slaughterhouse of
reputations.' '
Justice often fails today
when critical witnesses lo
crimes are afraid lo
testify because the felon · is
free on probation to
threaten them, or because
of a real or implied threat
from gang or family
members who support the
criminal if the witness
testifies to convict him.
Justice is not fairly
rendered when, as is
frequently the case, there
are large disparities in
sentences for crime within
a nation or state; when the
personal beliefs of one
judge lead him to hand
convicted criminals long
sentences for a serious
crime while another judge
not far away gives another
criminal of similar
background and criminal
offense a short sentence
or places him on
probation.
Such disparities in
sentencing cause criminals
in prisons, the majority of
whom will be released
again on society, to
increase their hatred and
resentment of constituted
authority and the social
order.
Justice is far from
served when hardened
young thugs can knock
elderly or weaker persons
down , seriously injuring or
crippling them, but receive
only a short prison term or
probation because it's their
first offense. Meanwhi le the
victims recover nothing for
their pain and loss though
the criminal acts may force
victims and their families
into great loss of income or
onto welfare.
Around the world,
mill ions of victims of crime
suffer the injustice of being
virtually forgotten by the
judicial system. Whether
the cause is preoccupation
with traditional methods of
retribution on criminals or
with rights of criminals, or
the belief that criminals
can't or won't commit
another offense, rarely are
criminals torced to fully pay
for losses, costs and
injuries lo their victims.
What a di lemma! None
of the most commonly
used sentences tor crime
and wrongdoing-fines
(usually paid to the state},
probation with no
significan! limitations on
activity, or prison
terms-are effective in
deterring crime,
rehabi litating criminals or
helping crime victims.
One judge called the
modern system of meager
fines, widely disparate
sentences, plea bargainin§S
and probation legally
sanctioned injustice. A few
years ago, even U.S. Chief
Justice Warren Burger
called the American legal
system "too costly, too
painful , too destructive and
too inefficient for a truly
civilized people."
All of these evils of
injustice can be eliminated
from human societies. But
it will only happen when
God intervenes in human
affairs and restares his
government and laws
that will set nations back
on the right track of
living.
The
PLAIN TRUTH