Justice?
None of us wants justice, really.
What we really want is what we want, regardless. Truth is we don’t care about justice at
all. We care about what we want. We come to matters like the recent Chauvin
trial having pre-determined in our minds the “proper” outcome. We’ve already determined what outcome was
necessary for us to believe justice was done.
I read people on one side saying, who needs a trial when you
have the video? People on the other side
saying any honest person would clearly have reasonable doubt because of the
drugs in Floyd’s system. One side
pre-determined guilt, the other pre-determining not guilty. Both sides claiming they’re “for”
justice. Both sides lying to themselves.
Our system is imperfect. Our system is flawed. But it’s
imperfect and flawed because it’s run by imperfect and flawed human beings, not
because it’s inherently racist or misogynist or homophobic or transphobic or
any other “ist” or “phobic” you wish to add.
We will never . . . never have a perfect justice system.
Did I want Derek Chauvin to get as fair and impartial a
trial as possible? Yes. Did I presume his trial would be completely fair and
impartial? Of course not because trials
are NEVER completely fair and impartial.
What, you cry out? If
trials aren’t completely fair and impartial then true justice is not being
done. Well, you got that one right, but
you’ve also got it wrong. The only way
to have true justice is to have a fully cognizant, all-knowing, totally
impartial jury and judge make a decision.
There is only one being in the universe who meets that description:
God. True justice in the sense of
perfect justice never occurs in the courts anywhere in this world because the
people operating these justice systems are fallible, fault-laden human beings.
How can we reconcile these competing demands? First, trials have rules that govern their
conduct. Those rules of procedure and
evidence apply to both sides of the case.
If the rule says “X” kind of evidence is not admissible, it doesn’t get
admitted for one side but not the other.
Yes, attorneys will argue, and yes, sometimes convince the judge that
their evidence is “not X” and therefore admissible. But judges are not infallible, either. And,
by the way, the attorney may well be correct.
In my experience, judges most often make reasonable decisions on
evidentiary rulings. I didn’t always like or agree with the decisions I got,
but I only very rarely felt the judge was exercising some sort of bias against
me or my client.
Second, both sides in the case are represented by lawyers,
who by education, training, and experience understand how to present legal
arguments, examine, and cross-examine witnesses, and enter evidence. Again, the
lawyers are always imperfect and flawed.
Sometimes a cross-examination doesn’t go as planned or a closing
argument that sounded like a winner in practice falls flat in front of the
jury. But the attorneys, in their
capacity as advocates seek out the best result for their client and, in doing
so, play an important role in keeping the system straight.
Finally, juries serve an incredibly important function. My own experience over the course of
conducting about 80 jury trials myself, and observing another 25 or so is that
juries generally try really hard to get the legally correct result. Again, you’re talking about flawed and
imperfect people who frequently have little or no experience with the legal
system. Yet, one of the wonderful
aspects of our system is that a group of people come together and, as both
individuals and as a body, work through the evidence and the law as explained
by the jury instructions to come to a conclusion that seeks to do justice. Did I think every jury came to the right
result in every trial of which I was a part? No. But I also acknowledge that I don’t
recall ever feeling the jury cheated, or ignored the law and evidence, or
didn’t care.
For those arguing a trial was unnecessary – be very, very
careful what you ask for – you just might get it. Yes, the video in the Chauvin case was very
damning. But it never tells the whole story, as we found out. You may find yourself on the other side of a
terrible circumstance that calls for a trial.
You would certainly want the opportunity to present your side of the
case, right? Trial by video hardly
offers justice – it offers cold-blooded vengeance only.
For those arguing the only reasonable conclusion was that
there was reasonable doubt – be cautious in pushing reasonable doubt into some
kind of absolutist measurement. If
reasonable doubt means exactly “X” amount of doubt, it removes the back and
forth that necessarily goes on in a jury room.
That tussle among flawed, imperfect, and imprecise jurors trying to sift
through the law and evidence is what provides a thoughtful and thought out
decision making process. Apparently in the Chauvin case, the defense did not
present sufficient reason for the jury to have reasonable doubt in light of the
law and evidence. Another jury may have
come to another conclusion – but that’s true in any case where the standard involves
“reasonableness.”
Our system is inevitably flawed because of the flawed people
who operate it, use it, get caught up in it, and involve themselves in it. Does it always obtain the best possible
outcome? No. Nor should we expect the
Panglossian ideal to ever occur. Utopia
never arrives; it’s always just around the corner.
Justice isn’t the perfect rendition of perfect
outcomes. It’s the operation of a system
that generates results based on as reasoned an outcome as is possible under the
circumstances. Are there failings in our system (jurors don’t always tell the truth
about their biases, outside influences may impact how jurors come to their
conclusions, judges make incorrect rulings, attorneys don't manage the case well)? Of course there are. We have
appeals courts to handle such matters as a further backstop to maintain as just
a system as we can.
The only true justice
in the universe is that dispensed by its Creator and owner. God either grants us mercy (we don’t get what
we deserve) or justice (we get what we deserve). God’s system of justice
operates perfectly because He is perfect.
One might argue it is unjust for God to grant mercy to some and not
others, but we have imperfect knowledge and God has perfect knowledge – we the
jury just don’t know all. Our limitations and imperfections make us unable and
unworthy to render true mercy and true justice. So we do the best we can with what we've got in this fallen, sin-encrusted world.
Was justice done in the Chauvin case? If you mean by justice that the system operated as intended, then yes, even if imperfectly. If you mean you got what you wanted, then you don’t really want justice at all.
