Volume I No. 58
 03-08-03
 A Bad Day For Justice In America
 author: Vance Cureton
 © Copyright 2003

 Two ominous Supreme Court rulings this week are yet another
 confirmation that the slow evolution of the United States into a
 psuedo-capitalistic "police state" are in full motion. The "We Like 
 Bush" Supreme Court upheld that the State of California's so called 
 "3-Strikes Law" is constitutional. As is a Connecticut law which 
 is a version of the many "Megan's Laws" that have been ratified
 by state legislatures, nationwide.

 Both of these laws were adopted by their respective states to deal
 with bad people. The California "3-Strikes Law" was an attempt by 
 that state to deal with unsavory individuals who repeatedly engage
 in criminal conduct and commit felonies. In other words, the 
 "3-Strikes Law" was designed to get lifetime "career criminals" off 
 the streets. And into prison to serve lengthy sentences. -- But let's 
 be clear. By "career criminals" we do not mean organized crime, or 
 white collar offenders. The felons who are most often caught and 
 subject to several successful prosecutions are the poor, uneducated,
 and drug-addicted. 

 Wealthy individuals who lapse into a lifetime of criminal mischief 
 and unsavory habits are only a phone call away from quality legal 
 representation and a "convenient" plea bargain down to a lesser 
 charge. -- So there is no doubt as to what segment of society the 
 California "3-Strikes Law" will have the most impact. And it definitely
 is not the well-groomed yuppie types who live in the suburbs. 

 Yet once again - with the help of the most distinguished legal body 
 in the land - the criminal justice system has been reaffirmed as the 
 best method to deal with social problems. { social problems typically
 lead to criminal behavior problems - not the other way around }

 And the Megan's Laws are no different.

 A man or a woman should quietly go to prison and do their time. 
 Pay their debt to society. But under Megan's Laws which makes
 it is permissible for a municipality to post the names, pictures, 
 street addresses and sometimes even, work addresses of convicted 
 sex offenders on the internet, or in a publically accessible registry.
 The debt to society for these class of offenders, becomes in-effect 
 unpayable. The debt remains far after the date of the subject's 
 release from prison. 

 Lifetime criminals who prey upon the weak and the vulnerable are 
 the scum of the earth. And sex offenders are several classes lower 
 than that. But the "3-Strikes Law" and the various versions of 
 the "Megan's Laws" are judicial short-cuts. Sweetheart deals for
 law enforcement. An easy means of dealing with the undesireables 
 who live and work among us.

 These laws allow the criminal justice system and the corresponding 
 communities to pre-judge an individual as part of a group. And to 
 treat these individuals in a prejudicial manner, because of that very 
 judgement. 

 Is this the depth to which society will sink to ensure its own safety?

 This is in effect a kind of extra-judicial justice. The Supreme Court 
 of the United States not withstanding. The fact that an individual 
 is likely to commit a crime at a future date - is no reason to treat that 
 individual as if that crime has already been committed.

 At some point, { with the possible exception of murderers, and serial
 killers, who should never be allowed to walk freely again, amongst the 
 public once convicted } a person must be adjudged to have paid their 
 debt in-full, to society. To have that debt cancelled. If this is not the 
 case - then their release from prison should not be allowed in the first 
 place. You cannot have both. A prison sentence decided upon by a judge 
 and jury, and afterwards a lifetime with a scarlet letter upon the forehead.

 There is no such thing as perfect justice. And no corner of the world 
 is host to a society where everyone is safe and secure ever single
 day of their lives. But even the most unworthy among us...must be 
 protected by the law. And not abused by the law, as a measure of
 convenience for the civil law enforcement community.

 The "3-Strikes Laws" have a disproportionate impact upon the poor 
 and socially dysfunctional. -- Criminals though, they may well be.
 But the "3-Strikes Laws" such as California's remain an example of 
 a good idea, gone bad. Laws that traumatize families. Especially
 when the third strike is a relatively simple crime that removes a
 mother or father from the home for a very, very, long time. 

 The result is that the very communities that need better policing, 
 look upon the brave men and women who carry a badge, with hatred 
 and contempt. -- Instead of a sense of honor and respect.

 The Megan's Laws shoud be reviewed "extremely" carefully - within 
 each and every community where their use has been enacted or
 proposed. These laws should not be applied recklessly. No matter 
 how repugnant sexual predators are to decent, law abiding citizens.

 Some reasonable time limit must be established. And thereafter these 
 convicted felons should be allowed to have their names, pictures, and 
 addresses removed from the public listings. And taken down off the 
 internet.

 It is only fair.

 ReadingPost.Com
 © Copyright 2003

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