So I was speaking with a friend a night or eight ago and we were talking about how often legislation backfires on the legislators and especially on Society, how such legislation often causes the very problem(s) it was meant to prevent, and I heard my self say:
You can’t legislate justice.
We were both quite taken with that statement. It hadn’t occured to me before — not that simply, not that straight-forwardly, but frankly it’s true.
You can’t FORCE justice.
You can’t ENFORCE justice.
The moment you do, it isn’t justice any more.
Just for one (obvious) example, take Nancy Reagan’s three strikes laws, or any of the mandatory sentencing laws and see what they actually caused. I suppose Nancy meant well, but their effects have been almost universally evil, with Huge Ripples throughout Society(1). It’s a huge issue, affecting far more people than just the one who is now sentenced to LIFE in prison because of something very, very minor. Stupid..And very profitable for what is now a huge private industry: the American Prison System. Lady Justice needs to be redone with a checkbook in her hand, instead of scales.
These laws took judgement away from the Judges — which is completely illogical and plain stupid. Judges are professionals at Judging. It would be as stupid as Legislators making up rules that affect what a Doctor can do. A doctor, who spends 8 years learning lots and lots of stuff a Legislator can’t even begin to understand. That would be really stupid, wouldn’t it?(2)
Leave Judges to be Judges, and Doctors to be Doctors. Stop looking for Glory, Stop looking for Profit. Stop making legislation for no better reason than to get reelected next term. That’s never a reason for what you are doing.(3)
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(1) Short version: if you have two strikes on you already, then you have nothing more to lose to avoid getting caught that third time. These laws were made by folks with zero understanding of crime, law enforcement, ADAs who are “climbing the career ladder,” society, the layers of our culture and the situations our [so-called] Society can put people in and keep them completely stuck in. If “stupid is as stupid does,” then those laws were STUPID BEYOND STUPID.
(2) Sarcasm… in case you missed it. 🙂
(3) Of course, what this posting does not mention is what the alternative is. Well, it sort of hints at it, I guess. First thing is the keep the legislators out of it. One also needs to keep career ambition out of it, and Ego… <Sigh> well, another posting or 12 will deal with that in more detail. How do we ensure justice, if you can’t enforce it? It can be done.