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          Thanks to lucas chimello simoes for permission to use this Photo. 

We assume that because we have a justice system, it is “systematic.”  By that we mean, using the machine as a model, we expect that all parts work together toward a common result.  We assume that we are all in agreement and meshing in a well-oiled way at all levels and functions of the system.  We assume a consensus model, which we’ll examine below.  Of course, a little observation quickly derails this concept.  We know that there are pervasive conflicts in our way of doing justice.  In fact, it was designed to be an adversary system, not a consensus system; therefore, we are often forced into conflict. 

At the legislative end of the system, the great debates over drugs, guns, abortion, the death penalty, technology, security, and a host of other concerns, are routine.  Budgets are fought over.  Policies are implemented, defeated, and changed.  At the judicial end, the same arguments rage throughout the highest courts and into the lowest.  In the executive branch, where police and prosecution functions occur, the policies and decisions of the other branches of government can be resisted, disregarded, challenged, and otherwise put down.  In corrections, errors in policies, prosecution, and enforcement become painfully apparent. 

There are little empires to be protected and turfs to be safeguarded within our “system” of justice.  There is a lack of cooperation, and often there is secrecy between agencies and subcomponents.    

Remember, justice is not fairness.  What we get out of the non-system is not only unfair at times, but may also be unjust.  Errors are made, biases interfere with good judgment, and ideologies warp the outcome of trials and prosecutions.  I don’t think the system is a disaster, but I do think we must strive for the best possible outcome based on the ideal.

Dr. David Struckoff, Ph.D.
Criminal Justice Instructor
Ashworth University School of Legal Studies

This entry was posted on Thursday, April 17th, 2008 at 2:18 pm and is filed under Trials, Violence, Lawyers, Government, Justice, Studies, Family Law, Legal Rights, Law Practice Mgt., Military justice, Security, Evidence, Prison, Reform, Crime, Privacy Rights, Special Interest, History, Ethics, Punishment, Laws, Court System. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.