Social standing buys better justice

Possibly the greatest proof of the disintegration of America’s government of, by and for the people is the window dressing our justice system has degraded into. As in the days of old, money and social standing buys better quality justice, as does the propaganda value of a selected case to vested interests that can benefit.

First, what does “justice” mean? The venerable 18th century Bouvier Dictionary says:

Justice:

1. The constant and perpetual disposition to render every man his due.

2. Justice is either distributive or commutative. Distributive justice is that virtue whose object is to distribute rewards and punishments to each one according to his merits, observing a just proportion by comparing one person or fact with another, so that neither equal persons have unequal things, nor unequal persons things equal.

3. Commutative justice is that virtue whose object it is to render to every one what belongs to him, as nearly as may be, or that which governs contracts. To render commutative justice, the judge must make an equality between the parties, that no one may be a gainer by another’s loss.

And here’s what dictionary.com says:

4. the administering of deserved punishment or reward.

5. the maintenance or administration of what is just by law, as by judicial or other proceedings: a court of justice.

6. judgment of persons or causes by judicial process: to administer justice in a community.

These definitions explain why James Madison in the “Federalist Papers No. 51” famously asserted a central purpose for government and even society: “Justice is the end of government. It is the end of civil society.”

Contrast such definitions with these justice meanings currently shown by U.S. national conduct: official accusation alone reasonably establishing guilt, public protection by professional best judgment, trial by speculation and commentary in the press (where there’s smoke, there’s fire), revenge or retaliation (Bin Laden’s extra-judicial execution — instead of capture and trial like with Saddam Hussein), and guilty judgments by experts in preference to judgments by responsible citizens.

Obviously, propaganda attack by disproportionate attention to random justice administration errors, terrorism hysteria promoted by government and public mis-education has destroyed confidence in these historically reliable principles and processes:

• Impartial grand jury verification of the soundness of government allegations.

• Trial by jury and jury nullification.

• Habeas corpus.

• Innocent unless proven guilty.

• Airing all relevant evidence to the case and rejection of hearsay as admissible evidence.

• Search warrants impartially side-checked for probable cause.

• Due process.

Many of these are universal — not America only — and their successful use pre-dates the U.S. Constitution and the Bill of Rights.

Evidence of the preceding assertion is openly visible in the U.S. government’s entire approach to terrorism. For example, the Patriot Act, the act empowering the TSA, and the Military Commissions Act particularly repudiate tried and true justice principles and processes.

Ironically, terrorism and insurrection depend on chronic injustice or miscarriage of justice to fuel the public frustration or desperation that gives violent fanatics any support at all. And what are two of the most powerful enablers of injustice humanity has ever known? They are war and increasingly depending on coercion and the threat of force to govern, protect or keep order.

This judicial corruption naturally extends to justice infrastructure here in Alaska. It starts with our Legislature ignorantly thinking that passing laws is a cure-all for all types of public injustice. Legislators are obviously oblivious to the often unsustainable funding and extent of competent bureaucracy necessary for law/regulation implementation and enforcement.

Consequently, we get the regulatory and law enforcement infrastructure that, instead of preventing public harm and injustice or waste of public money, is often the most visible source of it. Furthermore, since nearly all police activity is reactionary (after the fact of injustice or crime), portraying such activity as “protecting” the public is a gross oxymoron. And that’s if the police will actually help — just try getting justice effectively served if your home gets burglarized!

Indeed, look what money for public safety is actually spent on or what’s the primary focus of police training on using deadly force. It almost all serves to primarily protect the police themselves.

Alaska prosecutors and the courts habitually assume that police — in spite of being human and their trained attitude of protecting themselves against the public — don’t give false testimony or perjure themselves. This naturally sabotages the essential ability of Alaska grand juries to halt injustices from frivolous, politically motivated indictments, and sabotages the responsibility of Alaskan trial juries to view the testing of all case-relevant facts. Example: Valley resident Carry Shorthill is about to be sentenced for felony eluding for trying to reach a public place to stop and for third-degree assault against police officers for “swerving” at one of a dog pack of police cars chasing him at normal speeds concerning a traffic infraction. It’s public record that testimony on police conduct and allegations was suppressed from his wife, who was a passenger and an eyewitness.

Quite simply, the basis of injustice is managing or protecting people as animals rather than leading them as human beings (the TSA is a poster child for this, as are our militarized police forces). Thus, American government is openly committing acts of philosophical treason here and abroad against our political and judicial heritage. This is the primary reason for our country’s troubles — setting aside the normal murderer of nations: public irresponsibility empowered by public ignorance.

Yeah, yeah I know. We ordinary Americans are helpless against government corruption — that we empower with our complacency or apathy. Like the serfs and peasants of yesteryear, we can only pray for a political messiah to come to power and make things all better, right? Or do we have the moral courage to personally work to rescue true justice in America and safeguard for posterity what makes constructive liberty possible?

Stuart Thompson lives in Wasilla.