08
Jul
09

Law and Disorder

We live in a world where almost anything can be bought. Paper clips, houses, pets, jets, guns, music, bottled water, sports teams, and so on. The so-called “Free Market” has made anything and everything available for those willing or capable of paying.

Justice included.

In the modern justice system, if a person is charged with a crime, he has the right to a lawyer to defend him. At first glance, this might appear to be a perfect system. Every person is entitled to a speedy trial in which he may face his accusers and employ a lawyer to convince a jury of the defendant’s peers that the defendant is innocent of the charges brought against him.

In reality, justice isn’t quite as blind as that. Equality before the law doesn’t mix well with Capitalist society.

When a person from a lower class is accused of committing a crime (armed burglary, let’s say), the defendant is at an immediate disadvantage whether or not he actually committed the crime. The prosecution may immediately link the defendant with a motive- after all, it’s easier to accuse a hungry man of stealing apples than a man who’s just eaten a meal. The poorer the accused person is, the stronger the case is against him. Equality before the law on exists if there’s equality in the bank accounts.

And the injustices of the legal system don’t end there.

According to the Miranda rights, has “…The right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you…”. Now this would appear to solve any issues created by the economic gap between prosecutors and defendant. Everyone gets a lawyer regardless of social standing.

If attorneys were a mere commodity, then yes, this would solve the problem. In actuality, lawyers are human beings (contrary to the ocean of jokes about them being hell-spawned demons and leeches). Some lawyers are, quite simply, better than others. A criminal defense laywer that studied at Harvard will be better educated, more skilled, and infinitely more expensive to hire than a lawyer that graduated from some local law school. If a lower-class citizen is charged with a crime, he will not only have a “motive” due to his lack of money, but also only an average or even sub-average lawyer. On the other hand, a wealthy person can afford an entire team of the best and brightest lawyers available. In short, the same jury that would convict a poor person of one crime might easily find a wealthy person innocent on the same charge. In addition to this, the wealthy person may appeal and, if re-tried, will still be able to afford his army of Ivy League lawyers. Should a poorer person appeal and be re-tried, it’s likely that he won’t be able to afford the same quality of attorney he hired for his original case. In short, if a person is too poor, he could be convicted of a crime he didn’t commit. If a person is wealthy, he could be found not guilty of a crime he did. In the Capitalist world, innocence is a commodity that can be purchased for enough cash. There’s never a guarantee that the innocent will walk free and that the guilty will be punished according to their crimes.

Where’s the justice in that?

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2 Responses to “Law and Disorder”


  1. 1 Jeffrey Cox
    July 8, 2009 at 10:06 pm

    Agreed, it’s a terrible system that results in great injustices. What you fail to do in this article however, is present any alternative at all, much less a better one. The current system was designed by very intelligent people to be as just as possible. It’s obviously imperfect, but it’s the best developed *so far*. In other words, everyone knows it’s imperfect, so if you’re not going to present a solution…

  2. 2 trotskyite
    July 8, 2009 at 10:35 pm

    Sorry if I’m not being clear. One of the tenets of Marxism is the abolition of the class system and everything that goes along with it. What I was attempting to imply was that the justice system would work better in a classless system such as Communism.


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