Prisons and the American way of Justice

Perhaps, in my judgement, the most serious issue with prisons are the deep connections they intrinsically have with a deeply flawed system of justice.

In America, justice is flawed because it is slow, blindly punitive and deeply, perhaps, tragically strangled and perverted by money.

Go waste your day with a jury summons. Jury duty gives you a snapshot of what is wrong with justice in America, legislation in America and American government.

The goal of jury summons is not to find a jury but to find the right jury. Of course the right jury means different things to a prosecutor or a defense attorney. Therein starts the compromise that ends with some kind of decision that somewhat addresses the charges that have been brought. The notion that a jury of my peers could render a verdict has long been relegated to the garbage heap. "A peer" can mean so many things, until it takes 60 people showing up to find 6 or 12 who will "do."

Are we all so clueless?

Are we all so stupid? Does it really take 30-60 people have their lives confiscated for an indefinite period of time to find 12 who are good enough? Really, lawyers have spent way too much time in their own company becoming convinced that everyone is as stupid and soul less and them and their colleagues. So, the case has to be "pre-tried" to see if anyone will not do. It is no wonder prison has so many innocent people. The American way of justice is a matter of "charges, procedure, technicalities, and competent representation. By the time the accused is finally brought to trial, the crime, the victim, the social consequences hardly matter at all. By the time "justice" has run its course, punishment is light years from the crime.

In my personal opinion, the problem with the death penalty is not a problem with the penalty. It is a problem with the years it takes to finally get the execution of the sentence. And, quite frankly, we have the lawyers and the courts to thank for that.

There are some folks the "state" has a vested interest in executing. These are criminals who have done horrific crimes and disfigured innocent families for generations. The only reason their carnage is not more widespread is because the offender was caught or did not achieve the opportunity and power to do more evil. It is inhumane for a just society to allow them to continue to live and continue to live among us. Yet, 15 years of waiting for a sentence to be carried out is both unbelievable and incredibly foolish and frankly cruel and usual punishment for the victim's family. The only reason why many DR offenders do not rise to the level of evil of a Hitler is because they lack opportunity not evil.

The American "way" of justice is deeply flawed. Until we "reform" justice in America, expecting different outcomes from our prisons is frankly silly.