Saturday, January 13, 2007

"...And justice for all."

The words of the Pledge of Allegiance express the beliefs and values that hold America together. Our republic is "one nation, under God, indivisible, with liberty and justice for all." It is a simple expression of the ideals our laws and government seek to attain. There has been much debate and defense over the inclusion of "under God," but not much debate over the last clause, "liberty and justice for all." Who would question it? Judging by these comments, perhaps that last clause is debatable to some in our current government after all.

To me, justice reaches beyond satisfaction for victims of a crime. Justice means that those accused of breaking our laws or social compact have the opportunity to defend themselves, whoever they are, however they are accused, and wherever they were born. If they are at fault, then they will be appropriately punished, and if not, they will get their lives back. It seems so simple and so basic. Justice cannot be achieved when those accused are not given the ability to defend themselves, and it is a problem in our legal system. Unequal public defender systems, immigration laws and the war on terror prevent some people from defending themselves well or even at all, while the wealthy and well-connected are able to defend themselves until they are above the law itself. To malign the people who are working (for free!) to minimize this gap because of who they defend is to attack justice, and to attack the ideals on which this nation was founded.

I don't write this to imply that the people being detained at Guantanamo or accused of a crime are all good honest people, clearly they are not, but when anyone is judged without the benefit of a defender who knows the law, or worse without a trial, we do not have justice. Even those whose legal knowledge ends with what Dick Wolf tells them know that the state must prove its case. It is the responsibility of all Americans to demand that they do.

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