Wednesday, July 10, 2019

exceptional justice

 This is the case and what is the cause? We have reached a point where we don't care about the case, just the cause. At least that is the way I see it a great deal of the time. The crime was committed but why? What was the motivation? That is what is being concentrated on these days. It's almost as if we knew why someone did what they did, we could prevent someone else from doing the same thing. The truth is, in most cases knowing the motivation isn't going to change a thing. Man has been motivated by the same emotions since the beginning of time, and you are not going to change that! The old adage applies, : " you can please some of the people some of the time. you can please all the people some of the time but you can't please all the people all the time. " When people aren't pleased ( happy ) bad things happen. 
 So why have we become so focused on the why? It has to do with the application of justice. That's what you will hear. It depends on why I did the wrong. If I did wrong for the right reason, it isn't as wrong. That's the theory isn't it? The defense is concerned with the why, the prosecution just presents the case. Exceptions to the rule. That's what we all want to be, the exception. A long time ago I wrote about this mentality, the exception. I called those people the " Butimas. " That is pronounced But I'm Ah. You've met these folks before. They begin almost every sentence with that phrase, butima. They are exempt from courtesy and the rules. They will go on to explain their motivation for feeling the way they do. 
 The whole problem with this system of, justice by motivation, is justice is seldom served. Instead the one committing the offense is appeased. It's alright, you had a good reason, or no reason, or you were unreasonable, but it's not your fault the law is unreasonable. No law has ever been written that contained exceptions! If that were the case we wouldn't call it law, we would call it suggestions! Yes many crimes come with suggested sentences to be applied according to the judges discretion. That's the way it works with the laws of man. The law of God doesn't contain suggested sentences or suggested behaviors. There are moral absolutes. If something is wrong, it is always wrong morally. But we are talking about civil law, the law of civilization. In our republic the people decide upon the law, that's the way it was designed to work. A government of the people. And what is the purpose of government? To govern the actions of its' citizens, among other administrative functions.  
 Exceptional justice or justice that is exceptional? We are all aware that the more money you have, the more lenient the justice. Is that a perception or the reality? I'd say, sadly, it's the reality. It has always been so and that will remain unchanged. At first it was just the wealthy, those that could afford a team of attorneys to present your motivation for doing whatever it is that you did. It is there job to put the spin on things and by legal machinations subvert justice. Today you can just finance that. Just turn on the television and wait, before long the advertisement will come along. You don't need money to pursue your case, we will do it for you. Of course they will take a sizable cut of any settlement obtained, but hey, it didn't cost you anything. Now that's justice! You can always employ the " butima " clause. I'm a minority, I'm a single mother, I'm a Veteran, I'm a senior, I'm a disadvantaged youth and the list goes on. All exceptions to the rule.That's what I call exceptional justice. 
 We have come so far in this exceptional justice system that we even apply it to the law of God. All you have to do is ask for forgiveness. You are granted forgiveness and clemency every time. As long as you ask, there is no condemnation! Sure you tell others that what they are doing is wrong, against the laws of God, but you can't tell them there are consequences. By doing that you are passing judgement! And you mustn't judge, ever. By not judging there can not be right or wrong. Well because that is what a judge does, determine whether you broke the law or not. If you can provide a good enough excuse, an acceptable motivation, it's not a breach of the law. Only the judge can decide that! Doesn't matter how many time you do that wrong, each offense is nothing more than a relapse. You can't be held accountable for a relapse. That's not your fault. You get another chance. You are the exception! 
 It has been said an ounce of prevention is worth a pound of cure and I agree. The thing is there are things for which there is no cure. You can not cure man. You will not change mans' thoughts or motivations. There are those that will comply, follow the law, and there are those that will not. And surprisingly it has little to do with wealth, position or anything else. It is based solely on the perceptions of the offender. It does depend upon the " butima " mentality. Teach your citizens that they are the exception to the rule, and soon there are no rules. So what's the answer? I'm not certain I can provide one. It has also been said we fear the unknown and I can understand that. Thing is we should also fear the certainty! If you break the law, this is the result. Was that way once. It was that way with God too, I believe it still is but that's for another day. Are we acting in the interest of justice or in the removal of consequence? That's the question to be answered. 

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