Tuesday, July 25, 2023

justifying justice

 Is justice finding a way to justify an action? That appears to be the goal these days. The criminal justice system has always been associated with punitive actions. In fact, that is the purpose of the justice system, provide punishment for wrongdoing. It isn't the correction of a wrong, you can't change the past, but rather to punish those that caused the harm. As I listen to the trials and verdicts today, I'm seeing the wrongdoers being rewarded more frequently than punished! That is happening throughout the system. 
 The ones committing the offenses are being excused by all manner of excuses. It isn't their fault because they suffer from lack of opportunity, or other socio-economic reasons. They rob and steal because they are poor, and they are poor because you make too much money without sharing that money with them. They do these things because they didn't have a fun filled childhood. They didn't have a stable environment. It isn't their fault they were born. And as a result, it isn't their fault they commit crimes. If only everyone else had taken them in, given them everything they didn't have, provide them every opportunity and advantage, it wouldn't have happened. If they go to prison that is the fault of the system! Yes, I've heard that said on more than one occasion. Think about that, if they go to prison, it is the fault of the system. It's the same as saying if you get burned it is the fault of the fire. 
 The justice system exists for the victims. The purpose of the justice system to make those wronged as whole again as possible. That is what the court will tell you. The goal is to make those wronged whole again. Now there are plenty of instances were that is simply not possible. One of them is when someone loses their life because of the actions of another. There is no making that person whole again. All that can be done is punishment for the wrongdoer. Remember justice is for the victim, not the criminal. But we have attempted to define the boundaries of wrong. That is to say, define how bad something is. There is premeditated murder, the worst kind, and then you can inadvertently kill someone and that's not so bad, hey I'm sorry it was an accident. Then we justify the punishment based on that. The justification of circumstance is what punishment is based upon.
 Of course, there is always the possibility that the law is wrong. That is the latest excuse I've been hearing. There are those that have been arrested, charged with a crime, and prosecuted for that crime when in fact it shouldn't have been illegal in the first place. There are those working right now to have those released from prison, their records expunged, and given compensation for having been found guilty of a crime because we changed the law today! Yes, it was illegal then but it's not now so they should be released, the offense forgotten about, and compensation awarded for days lost. That is being called justice. The justification lies in, it isn't illegal now. Strangely this concept is being proposed by the same people that feel people that were never wronged by events that happened over a hundred years ago should be compensated by those that never committed the wrongs. That is also justice. It is also justification for wrongs committed today! If only. 
 What needs to be taught today is a basic fact. You are responsible for your reaction. It's true that you have no control over what others have done or will do. You have zero control over the past, it is past. What you do control is your response. You are solely and completely responsible for that. All the reasons you may react in an inappropriate fashion will not release you from that responsibility. That is where the justice system enters the picture. Remember ignorance of the law is no excuse. 
 That's still true today and for a very simple reason, otherwise I can just say, I didn't know. When an offense is committed you are responsible for that. For low level offenses a fine may be imposed, or community service, or even a public apology may be sufficient. All of those punishments have a goal, to rehabilitate you. Yes, the goal is rehabilitation, to correct, to instruct you, and give you the knowledge to avoid that error in the future. The purpose of rehabilitation is to return something/someone to their former privilege, being free, not imprisoned as an example. The punishment is losing that freedom. It should not be rewarded with further privileges or opportunities to compensate you for the loss of that freedom. That isn't justice. Justice is for the victim, not the criminal. The justification of criminal activity does not release the criminal from responsibility for the crime they committed. The justification of circumstance determines the punishment, it does not release you from punishment. 
 

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