Returning justice to our justice system

Published 9:00 pm Friday, May 13, 2005

American justice. Has this become an oxymoron?

As one pores over the newspaper, some interesting examples of what constitutes justice appear.

Recent rulings from our state Supreme Court are mind-boggling. Perpetrators who battered infants, dismembered girlfriends and killed in racially motivated mob violence now walk the streets or anticipate imminent freedom.

For the victims there is only their untimely, brutal death. For those who loved the victims there is more salt rubbed into their painful wounds.

For Supreme Court justices there is the satisfaction, I guess, that they have rewritten the law as they see it. This court will say that it has followed the letter of the law, although many highly respected prosecutors have spoken out strongly over a perceived skewing of justice.

Recently I read of the resolution of the Elaine Sepulveda case. Her life, taken by her boyfriend, has now been clearly defined as worth 81/2 years of his life. This is a travesty that, despite the forgiving nature of Elaine’s family, should send a chill through all rational people.

Who do we blame?

A society that so bombards kids with their sexuality that the issue of a 15-year-old’s suspected pregnancy (since disproved) by her 18-year-old boyfriend, ostensibly the cause of their tragic confrontation, hardly caused a ripple in public opinion or in the court?

The prosecutor’s office, hamstrung by a state law that makes 81/2 years the maximum sentence for this crime?

The people of Washington, for allowing such a sorry state of affairs in our justice system?

Who?

This whole situation brings me back to a memorable time in my contemporary issues class. We were discussing a case that involved a child being beaten to death. As ideas bounced around the room, the students postulated a frighteningly perceptive scenario.

“Hey Mr. Burns, say you had someone who knew something so bad about you that it would ruin your life. Wouldn’t it be better for you to create a situation where you got into an argument and killed the person? Even if you got the typical 5-7 years, (less time for good behavior), wouldn’t that be better than having your life ruined?”

Pregnant pause as teacher’s mind races for the right thing to say. Kids save the teacher by bringing up the moral issues, etc., allowing a segue to more productive thought. Whew!

But the question is valid, because the system makes it so.

These highly intuitive youngsters could see the error in this system.

Why can’t we?

Why don’t we do something about it?

The earliest codified set of laws created by man is the Code of Hammurabi. Hammurabi was a great leader in ancient Sumer, reigning over the Babylonian Empire.

His set of laws laid the groundwork for modern law, and is often given credit for the “let the punishment fit the crime” or “eye for an eye” concept of law.

Except it didn’t really do that. Social status made all the difference then, as it often does now.

Run over a citizen and kill him? Death, usually by drowning … the Babylonians were big on “cast him into the water.”

Run over an ordinary guy and kill him? A combination of penalties and remuneration would suffice.

Kill a slave? Replace the slave with a new one.

And ladies … well, look up the codes if you will, but I must warn you that women fared about the same as the goats and cattle used to pay someone off for wrongs done to them.

Not much different from now, where the rich, with unlimited funds, a bevy of experts and high-priced attorneys, can and do get away with murder.

At the same time an innocent person can sit in jail for a year awaiting trial because he cannot make bail.

We haven’t really come such a long way, have we?

So what do we do besides bemoan this sorry state of affairs?

We can begin by taking judicial elections seriously. Voters spend little time considering judicial races. Standing judges are seldom voted out of office, yet most people agree that the courts are a mess. Ferret out those who stand against the people’s will and vote them out!

Seek complete curtailment of indeterminate sentencing. We are one of the few nations in the world to assign a confusing range of years for crimes (10-20, 5-15). Determine in court what crime was committed and assign a clear penalty.

Reform the system to eliminate the bias favoring people of means.

Demand that laws be clarified as to severity. Crimes against people are worse than crimes against things. Crimes against the defenseless demand especially severe repercussions.

Apply some common sense to the system. Going 100 mph in the Nevada desert is not the same as going 100 mph through a school zone.

We can do this if we try.

Freelance writer Bruce W. Burns, a retired teacher and coach, lives in Marysville. He can be contacted at crookedelbow1@msn.com.