Two Sides of a Coin

Two Sides of A coin
photo by Jamie McCaffrey

Think of a coin.  The image that is stamped on the head and tail is just a thin facade on the surface.  Forever bound together yet separated by the vast bulk of the material. Likewise, victims of crime and those accused of committing crime have one thing in common, both take issue with the criminal justice system.

Victims are made to relive their traumatic experience over and over.  They may be made to feel like they are somehow at fault for having something bad happened to them.  From their perspective the system is slow to move, and all too often denies them the justice they seek.

The accused feel that there is a rush to judgment, that facts don’t matter, and their side of the story is irrelevant.  They believe they are being railroaded into taking a plea agreement to avoid extremely long sentences because of the fear that even without physical evidence or multiple eye witnesses that they will be convicted.  Guilty until proven innocent.

In our modern democracy with guaranteed rights one wonders how either perspective could possibly be true, let alone both, yet they are.  It is the system that is the problem. Crime has been part of our society from the dawn of time but the way we deal with it is prehistoric.  Modern society has applied science to evidence collection; psychology to profile criminal behavior; trained investigators evaluate information and identify suspects; and the media spreads the word and enlists the public’s assistance to track down the perpetrator.  Then the lawyers and courts get involved and everything goes sideways.  Truth doesn’t matter only procedures and precedence.  Under the law, black and white have taken on new definitions the only have meaning in that context.

Humans are the ones who makes decisions about the charges; humans weigh the evidence; humans reach a verdict; humans pass judgment; and humans carry out the sentence.  It is the human factor that thwarts, short circuits, circumvents, or stymies the rules and regulations set in place to safeguard the process.

Evidence is planted, missed, or ignored.  Witnesses are coerced, intimidated, or discredited.  Police brutality, corruption, racial profiling, entrapment, illegal interrogation, false confessions.   Political agendas, prosecutorial misconduct, ineffective assistance of counsel.  Fallibility of witness memory.  Victim statements manufactured and manipulated by leading questions.  The wrong person picked out of a lineup. Innocent people are convicted in sent to prison.  Guilty people get off on technicalities. The real perpetrators get away with murder even.

Humans with their prerogatives and passions; their intelligence and ignorance; their biases and beliefs; their motivations and methodologies; their dedication and dispositions are the cause when the prosecutor brings charges or decides to close the case; the jury gets the verdict right or  gets the verdict wrong; when a person is convicted by a judge or when another judge overturns a conviction; when the parole board grants a parole or when they deny it.

You see it is all connected and yet disconnected at the same time.  Both functional and dysfunctional; both transparent and opaque; both fair and biased.  The one thing it is not is perfect.  It may be the best we have, but we need to see it for the flawed system that it is and take that into account when preparing to cast stones.  In John 8:7 Jesus said, “Let he that is without sin cast the first stone.”  Studies have shown that in the state of Texas more than 5% of those put to death for murder were later found to be innocent.

So, what are the odds that someone convicted of a lesser crime might be innocent? Maybe we should save our vitriol for someone who truly deserves it rather than applying a liberal dose to every case.  In a previous century tar and feathering was carried out by a mob of angry citizens. Today it is a virtual tar and feathering that happens in the media and on the Internet.  As a society we have become quick to judge and condemn others while demanding grace and mercy for ourselves.

The problem is that we can’t judge ourselves, we are at the mercy of the court.  Maybe, just maybe if we took a little more time and care in our decision making; looking before we leap; thinking before we act; putting ourselves in the other persons shoes; and “doing unto others as we would have them do unto us,” occasionally we wouldn’t find ourselves in such a messed-up situation. You can’t undo harm and there are no take backs in punishment.  Saying “I’m sorry” or “My bad” can’t put things right. As the nursery rhyme says, “All the Kings horses and all the Kings men couldn’t put Humpty Dumpty back together again.” And this is true whether he was pushed, jumped, or fell.  Regardless of whether you are the victim, or the accused just remember that we’re all in this together for better or worse.  Blaming others, excusing ourselves, or sticking your head in the sand can’t fix the problems in the criminal justice system.  Be part of the solution rather than the problem.  Hold the system accountable.  Don’t let a few bad apples spoil the whole barrel.  Demand better treatment for both victims and the accused, or someday when you find yourself in the system it will be too late.

 

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