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Justice is not Law, Law is Not Justice

Posted on January 23rd, 2013 at 3:53 by Sueyourdeveloper in category: News -- Write a comment

Quote

A law is deserving of respect to the extent, and only to the extent, it is just.  A law which is not just deserves only the level of obedience one gives to any group or individual who says “do this, or I’ll hurt you.”

Long but worth reading. With a truly shocking graph.

  1. “create an economy which gives poor people real jobs.”

    That, I fear, is the hard part.

  2. The author makes a few really, really good points. But the piece itself is under-cited, under-researched, and just plain not-well-argued.

    For example, I have reason to believe that prison-rape, while atrocious and preventable http://goo.gl/BC7X2, is more rare than we sometimes tend to think http://goo.gl/PzOwv. I also have reason to believe that defense attorneys advise their clients to not invoke their rights to a speedy trial because a long trial statistically benefits the defendant(episode of law and order:trial by jury :-P).

    There is reason to believe that there are “secret laws” in this country, but the author does not give any specifics as to what nature these “secret laws” might have. (An example might include the police trying to circumvent people’s rights unless people know their rights and invoke them. Additionally, our common law system is full of rights that can only be invoked in certain ways such as the need to say “I invoke my right to remain silent” in order to invoke your right to remain silent http://goo.gl/6XlzH or such as the need to stay calm and not flush your toilet if a policeman knocks on your door http://goo.gl/7Nf81.)

    No evidence is given that plead agreements hurt anyone. Plenty of rich people negotiate a plea agreements, and plenty of poor people go to trial. Defense attorneys don’t plea out, defendants do.

    Additionally, the author made no mention to HUGE problems in our system such as police manipulation of statistics http://goo.gl/tjxs; system of police bullying toward the public and in-house http://goo.gl/tjxs; .7% of the US population is behind bars–more than any country http://goo.gl/lV1D8; one in three young black males should expect to go to jail at some time in his life http://goo.gl/Ai4FO; huge racial bias in enforcement of marijuana possession laws http://goo.gl/yDy9U; huge racial bias in the law for cocaine possession regarding crack cocaine vs. powder cocaine in the past and today http://goo.gl/gmISJ; ridiculous misuse and overuse of non-lethal weapons by police http://goo.gl/eLbDl; criminalization of mental illness http://goo.gl/pFyCA; the use of what should be considered cruel punishment–solitary confinement http://goo.gl/73Ph4 and unusually lengthy sentences compared to the rest of the world http://goo.gl/jJRCk.

    There is an argument to be made here, and the author largely resorted to platitudes and unsupported implications without actually making the argument.

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