Tuesday, May 7, 2013

Separation of Justice and State

Here is a common enough example of a citizen being murdered and plenty of cover-up and so on.  It is a story that gets deeper as it goes, and pretty distressing, I am sure, for the victims.

There is a problem in life of believing your own PR, and this fellow is a lawyer, attempting to get justice for his brother, and mistakenly believing justice can be had in USA.  As the story deepens, he gets more surprised, and bitter.

None of this is new in history, it is just how it goes.  And if any right thinking person tries to help, they too are destroyed.  That has been happening on this continent at least as long as the Salem witch trials.

If you'll note his last comment regarding how judges will view the fact their staffs, along with churches, have been infiltrated by FBI informants, with consternation.  The fellow seems to think they judges will lash out, sort this out, and bring the FBI to heel.  Rather delusional.  The FBI already has the goods on all of the judges.  Any judge that crosses the FBI will find all of his secrets revealed, and thus destroyed.

There would seem to be no way out.  There seems to be a dichotomy: be abused or an abuser.  Be a murderer, or be murdered.  And so people hear about these terrible things and blame the victim, change the channel, or get philosophical, whatever it takes to get away from reality.

To enter law enforcement with a view to being for good things and against bad things, or whatever motivates people who want such jobs, and then to find you are obliged to turn a blind eye to murder, etc, can be as distressful for these perpetrators as it is for the victims.  They believe the world is a wicked place, there is no justice, better to meet out punishment than take it.

It is a false dichotomy.  There is an alternative, and that is what might be "truth commissions."  In essence, a truth commission has the community's support to offer immunity to anyone on any matter, including capital offenses.  The proposal is simple:  actors are given immunity on anything to which they confess.  Confessions are then cross referenced and given ratings as to veracity, and revelations are fair game for state actors to go after unrepentant criminals.

This will never work in USA, which is yet to have a single independent police review board.  It necessarily cannot be associated with a state, since the state cannot be trusted with criminal justice matters.  But there is a precedent for making this work: the one country, two systems that China maintains.

Take an area, such as the peninsula upon which Detroit reposes, and make it a free polity zone like Hong Kong.  And there, once established, people can find sanctuary from the murderers who hide behind badges in the USA.  There they can find immunity from prosecution, and at the same time have their stories subject to the most aggressive forensics.

You think you have a better solution?


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