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Is justice fair?

There is a representation of justice.  A woman (lady justice) blindfolded holding the scales of justice in one hard and a sword in the other.  This representation demonstrates a visualisation of the core principles of justice: blindfold for impartiality, the scales for weighting the evidence and the sword, the authority.  The need for this representation is making the point that justice is fair.  To all people justice is an equaliser that brings the balance back to everyday life.  Those who break the natural order are faced with the consequences of the arbitration made by the system that assumes equality for all against the law.  

The representation of justice must be convincing in order to be accepted by the public.  The impartiality has to be demonstrable and the system forms a bond across all social strata.  Well, at least in principle.  There is a difference between representation and reality.  This is something we learn from early on.  As a kid, I remember a special ice-cream in a cup that had a little toy in the bottom of the cup.  It looked so appealing, but the reality never met my expectations.  Still, I continued to buy it, in anticipation that maybe the representation and the reality will meet.  Like the ice cream, the justice system, has a beautiful packaging that makes it incredibly appealing. 

Forged in the flames of the renaissance and the enlightenment, justice transformed from a convenient divinity to a philosophical ideal and a social need.  It became a concept that reflected social changes and economic growth.  Many of the principles of justice, like equality and fairness, carried forward from the classical era.  Only at this time these concepts were enriched with philosophical arguments influenced by humanism.  The age of exploration and knowledge added to the scientific rigour of forensic investigation and the procedures became standardised.  Great minds conceptualised some of theoretical aspects and transferred them in everyday practice.  Cesare Beccaria’s treatise On Crimes and Punishments demonstrated how humanist principles can affect procedure and sentencing. 

This justice system was/is our social “ice cream”.  Desirable and available to all citizens.  A system beyond people and social status, able to call individuals to account.  Unfortunately like my childhood “ice cream” equally disappointing, primarily because the reality is not even close to the representation.  The principles of justice are all noble and inspiring.  There is however something behind the systems that needs to be explored in order to understand why reality and representation are so far apart.  The guiding principle of any justice system from inception to this day is not to restore the balance (as so beautifully demonstrated with the scales) but to maintain the established order or the social status quo

On the occasions where societies broke down because of war or revolution, significant changes happened.  Those allowed some reforms in different parts of the system allowing changes, sometimes even radical.  Even at those situations the reforms were never too radical or too extensive.  Regardless of the political system, tyrannical, dictatorial or democratic, the establishment is keen to maintain its authority over the people.  For this to happen, the system must be biased in its inception about what we mean about justice.  If the expectations of law and order are given a direction, then the entire system follows that direction and all changes are more cosmetic than fundamental.  Quite possibly this explains what we recognise as miscarriages of justice as simply the inability of the system to be more tactful about its choices and arbitrations. 

Therefore, tax avoidance and drug use take a different level of priority in the system.  It is the same reason that people from different socioeconomic groups are seem differently, regardless of the system’s reassurance on equality and fairness.  Maybe the biggest irony of all is that the representation of justice is a woman, in one of the most male dominated systems.  From the senior judiciary to the heads of police and the prison systems, women are still highly underrepresented.  Whilst the representation of ethnic minorities is even lower.  Of course, even if it was to change in composition, that would be arguably a cosmetic change.  Perhaps it is time as society to use consumer law and demand that our justice system is like it’s been advertised…fair.       

https://www.pikrepo.com/flrpo/lady-justice-statue

Within Grey Walls

“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment!  Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”

Everyone has the right to life, liberty and security of person (1).     

Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.

However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?

The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).

Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).

According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6). 

This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.

However, what is it actually like being on death row?

June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.

He has shared some of his thoughts of what it is like to be on death row:

“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.

Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.

Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever! 

References

(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/    Accessed on 21/01/2020

(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons  Accessed on 24/03/2020

(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/  Accessed on 24/03/2020

(4)  Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim

(5) Ibid

(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’  Available online at:  https://www.snopes.com/fact-check/george-stinney-execution-exoneration/  Accessed on 24/03/2020

Other

Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp

Human Writes: https://www.humanwrites.org

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