18 of 79

Write now Article Tools

Page 2 of 2

black and white issues and laws. The Bible says "man judges by outward appearance, God judges by the heart". It most certainly never gets to that point in our justice system. As we always said, I repeat, "you don't get justice in a courtroom". What you do get sometimes is the results of prejudices, bias, upbringing, inbred thinking and snap judgments.

Our justice system, from courtrooms to jails to prisons are so overcrowded how could you get justice? The courts simply don't have the time to administer it. The prosecutor and public defender arrive in court with a stack of files under their arms that they have never looked at previously. The Judge has the same stack of files in front of him, unopened. The "justice" system becomes a place where the object is to resolve cases and clear the courtrooms just so it can be done all over again the next day. The pressures on a defendant to resolve his case, guilty or not, rather than exercise his constitutional right to a jury trial are enormous. Most Judges make it well known that if a defendant goes to trial, and loses, that the penalty will be much stiffer than pleading guilty today. And nobody likes a trial, from court clerks (they have to work all day), same with Judges, same with bailiffs and court reporters. Even defense attorneys know a trial will take them away from their offices where they can sign up new cases and take additional retainers. And boy does the work pile up when you're in trial.

Well you say "that's human nature". That's true and always will be. But this is a critique of the American justice system which includes how it really works. You can theorize and philosophize about justice as much as you want, but the fact is it is not really being administered despite rhetoric to the contrary. And a defendant, who may or may not have done the act(s) alleged, is still entitled to real justice.

Still, after saying all that, over the long run, justice is probably done in the majority of cases. That would be OK as long as you aren't the defendant who needs an objective analysis in HIS case. Everybody involved does SAY that is better for a 100 to go free than one innocent man get convicted. Everyone may say that but in reality, it doesn't work that way. As a matter of fact it is never given a thought; the thing that is given a thought is: "let's get rid of this case" so we can all go home early.

Learn more about this author, Ken Alexander.
Click here to send this author comments or questions.

• << previous page
• 1
• 2

Add your voice

Know something about Critique of America's justice system?
We want to hear your view. Write now!