Friday, January 25, 2013

Imagine



In pondering and writing about all of the events and circumstances in my situation, I think about the callous and faceless nature of the court system as a whole.

I had very little opportunity to present myself to the courts as the human being that I am. The vast bulk of the process is lawyers dickering with each other, filing motions, affidavits, and petitions. Several of my court appearances were to read a charge and set up another date. Other times, for one side or the other, were to postpone or extend, to set up another date, and so on.

So I wonder, why could there not be a process where a judge just talks with the defendant. The system would probably cry out the courts are already so overburdened and backed up that there is neither the time nor resources for such an endeavor. Yet it seems to me that it would be less cumbersome and time consuming than all of the motioning, posturing, and dickering that goes on now.

I had to undergo extensive psychosexual evaluations, but ultimately they seemed to mean little to nothing to the judge or prosecutor. So why the charade of this procedure? Perhaps as a true component of the judicial system there could be a risk analysis and a treatment proposal that actually carry some weight.

The system itself perpetuates this lack of "cutting to the chase". One should never speak without a lawyer. In most cases the lawyers do the majority of the talking. A lawyer is necessary to navigate the maze and hoops of the system.

But why must it be this way? Ostensibly it is to protect the rights of the accused, but that seems not to be the case. That the courts are "out to get you" should not be the reality, though in my experience and also from listening to and reading about many others, this seems to be so.

I realize that I'm seeing and hearing about only those who have been found guilty and are incarcerated, but the scenarios are both commonplace an astounding. I acknowledge that I can't believe everyone's story, but the truth is that we are already in prison so there's little incentive to lie. Most all that I talk to will readily admit they are guilty, but there are often tales of outlandish assertions on exaggerations that add to the consequences. And relevant circumstances that aid and reduce the offense are dismissed as immaterial. Anything damaging is fact, and anything exonerating is suspicious or irrelevant.

This is certainly true in my case, and I hear similar tales again and again. There is no attempt at real meaningful dialogue in the justice system. That does not have to be the way.

This is also a problem with our whole political system as well. Everyone has an agenda, which is more important than the good of the whole. Compromise, communication, and rationality play little role in the decision-making process.

Of course how can I expect the court system to communicate or to understand me when even my fiancé was unwilling to do so. While the courts might have little or no inclination to understand the big picture, one would expect or hope that their loved ones would. One would be wrong in that supposition.

Is this an anomaly due to individual circumstances? Or is society as a whole buying into a program of condemn first ask questions later. I notice that the media will always sensationalize the negative and condemn well before any attempt is made to see the whole picture, and if that ever happens, it's already too late.

But it's not too late to shift towards empathy, compassion, and understanding. I'm not suggesting to give felons bouquets of roses, but at least give them a legitimate voice in the process and to propose a course of action and a dialogue that has a productive and constructive outcome. You may say I'm a dreamer, but I'm not the only one! Imagine that!

2 comments:

  1. My Son is also at Florence and has experienced many of the same things you describe in his own case. I find your writings very interesting and wish there was a way for people who have not experienced the injustice of our "justice system" first hand to appreciate your insights. Keep on writing.

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  2. p.s.... There are many people "on the outside" that fondly remember you as the "human being that you are" :)

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