Tuesday, October 15, 2013

Justice doesn't come from a cookie cutter.

Why do we have a Justice system? Mandatory minimums and "zero tolerance" policies make trials unnecessary. We are moving ever closer to the "Judge Dredd"society.

Now, let me make my position clear. Even though it would seem wonderful to just lock up violent criminals and throw away the key, That's not what our country was founded upon. The Soviets of the 20th century did that. If you displeased the state, you could disappear. I don't believe in that at all.

I do believe in a fair trial or hearing where all the facts are aired and mitigation or aggravation is also taken into consideration. Public policies of so called "Zero Tolerance" and mandatory minimum sentences are often times unfair and unjust.

I am furthermore against automatic sentences under "Three Strikes" laws. These are just a disguise for mandatory minimums.

I do believe in proper sentencing after all factors are weighed. If it is determined that an offender is a "career criminal" there should be a system in place to deal with those people. But, the system should not be applied with a wide paint brush. It should be applied with a fine brush that requires thought and deliberation by knowledgeable individuals of qualified backgrounds who weigh all the factors in the crimes being considered.

OK, I've said my preamble. Let me explain the injustice which has prompted me to write all of this.

There was a story in the news, today. It is still probably on your news page, like Yahoo. A high school senior was disciplined by her school because she picked up a friend from a party. The friend was intoxicated and did not feel safe to drive. The senior in question acted as a friend should and picked her friend up, delivering her home, safely. 

Her high school disciplined her by removing her as Captain of the Volleyball team and suspending her from a number of games. The excuse; "Zero Tolerance" for alcohol use. The problem: The student in question did not participate in the party or any drinking therein. She picked up her friend and left.

When the parents of the wrongly disciplined girl went to court to fight the injustice, the school's lawyer lied and told the judge in the case that the girl had been arrested in connection with this incident.

Cookie Cutter justice. This all could have been avoided simply with some communication from all the students and parents involved. Instead, the school simply put their policy into affect and hammered a girl for doing what we all would teach our children to do. Help your friends.

Should the Senior in question have told her friend who was in danger of driving drunk: "Sorry, helping you might be a violation of school rules. You're on your own." That's not what I would have wanted one of my children to do.

Putting "policies" in place as a way of notifying members of groups of expectation is a good idea. Being so inflexible in the administration of those policies that the innocent are harmed is not good policy at all. Even judges are against the mandatory minimums laws. Discretion to sentence rests with the judge, not the legislature.

What message do we send to our youngsters when during the day we teach "Justice for all" is a cornerstone of American society. When once the academic activity ends, we show those same students that justice does not apply to them.

As for the hearing where the school lawyer told an untruth (a lawyer would NEVER lie), I have to assume that the parents were not represented by counsel at that time. They have since remedied that situation. I hope the media shows as much zeal in reporting the outcome of this incident as they have shown in reporting the sensational beginning. I'll try and keep you updated.

Let's teach our children fairness and justice. Do what is right, regardless of the consequences. There's a simple word for that; HONOR.

As Always...

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