Posts Tagged ‘Lady Justice’

Blind Justice?

July 13, 2013

By Dahni © 2013, all rights reserved

BlindJustice

Our system of justice is a compilation of many civilizations, cultures and even religions. What we recognize today as either ‘Lady Justice’ or ‘Blind Justice’ is simply understood to mean that, “Justice is blind.” But what does this mean? What is the symbolism of the image shown?

The symbolism as shown is primarily three in number and they are: a set of scales or a balance, a sword and a blindfold.

Our system of justice is given in the Declaration of Independence and Our Constitution. These are to protect the rights of each individual and to bind and limit the government that is charged with and sworn, to protect and serve these unalienable rights of every individual.

Justice is shown as having a sword to protect the innocent, we each are –

“Innocent until proven guilty.”

 Justice is shown as having a set of scales to –

Weigh any and all the evidence for or against the individual

 Justice is shown as being blindfolded or blind, as she –

 Cannot see color, opinion, speculation or emotion

These are all each separately and together, wonderful and fitting symbols of what Justice is supposed to be. But look closely at the image.

The sword of Justice is without a point and is dull. The scales are not in balance. Justice has one eye open.

Without giving reference to recent events of this particular year and even of this date in time, Justice seems more tested, challenged and distorted than perhaps at any other time in Our history.

When the ‘Court of  Public Opinion’ has deliberated its decision before a trial has even begun, and threats of violence are made before the accused has been charged, and threats of violence made before the verdict is in, and evidence is based on color, opinion, speculation and emotion, where is the point and sharpness of the sword? Where is the balance to the tilted scales? What is the point of the blindfold, if justice can see?

And how has this come to be in such times of vast and instant information, such technology, progress and advancement in the times in which we live? I submit to you that the media is guilty. Politics and politicians and celebrities and leaders are guilty. We who have concluded before, during and after the verdict is made, are guilty, for it is not Our responsibility to mete out justice. It is Our responsibility to support the sword, the scales and the blind and to abide by Justice’s decisions.

We are fond of our symbols of justice, are we not, but only if we agree? What if Justice carried, once again, a sharp sword to protect the innocent, the scales were balanced and she was blind to all else but the evidence? I submit that those charged with meting out justice, be appropriately attired, as Lady Justice or Blind Justice.

What if the media, politicians, and any and all other people would only report or mention that a crime has been supposedly committed and someone(s) has/have been charged?  What if there were no names, images and details given? What if all that any potential juror knew about the case was no more and no less than what is accurately given from the sentence above? Then the judge would not have to repeatedly tell the jury not to talk about, read about, hear about or learn about the case by any means, because nothing outside of the court is known?

What if no defendant had to be personally present? What if no one could could see how they look or their personality, see the color of their skin, hear their voice or know of their background? Just because my background shows that I drink coffee, have for years, and even had coffee this morning, does not mean that I am drinking coffee right now, unless I am. The question then, am I drinking coffee right now, if that is my charge? Nothing else matters!

No defendant should have their behavior in court and none of their emotions on trial? What if they were really innocent until the evidence proved them otherwise? What if the prosecution could only prosecute, based on the charges filed and not allowed to add more or change the charges, during the trial? What if the prosecution and defense were not allowed to give opinion, speculate, guess or show any emotion? What if no witness was allowed to give any opinion, speculate, guess or show any emotion?

In ancient Greece, whenever there was not sufficient evidence to convict and yet everyone knew the accused was guilty, rather than let them get-away-with the crime(s), they would convict by what is called, rhetoric. This was all based on opinion, speculation, guesswork and emotion. We do not live in ancient Greece, but rhetoric and rhetorical questions – “what if(s) are still among us. But what if…

…what if  all the attorneys, every witness, expert, each juror and the judge were all blindfolded? What if  the accused were innocent and only the evidence presented could and would, prove otherwise? Perhaps then, Lady Justice or Blind Justice would have her sword sharp and pointed, her scales balanced and her eyes blind to nothing but the truth.

What if the jury was on a six-second delay in hearing sworn testimony? What if the judge after ruling on an objection, never had to inform the jury that they are to disregard what they just heard, because they would never hear it and somehow, have to forget about it, if they had?

And yet all of this is still subject to, human faults and failures. What if the guilty went free? That would be terrible! But what if the innocent were found guilty by reason of opinion, speculation, false evidence or insufficient evidence, and emotion? Would that not be at least, equally terrible?

I do not want to see the guilty go free, because their rights weren’t read to them or by some other technicality, but neither would I want the innocent to be found guilty, because Lady Justice or Blind Justice had no pointed or sharp sword, no set of balanced scales and one eye or both her eyes were open to anything, anyone and everything, but not the truth! With all our imperfections, this is the only way!!

If you and I cannot or will not believe in truth and that justice will prevail eventually in this life or the future, then we have no need for truth and justice.  And Justice has  today, a duller looking blade which seems without a point. Her scales appear tilted. Her blindfold looks as if it is falling off and at least one of her eyes is open.

How you and I will think and act right now, will determine whether or not Justice will fail and fall or if there still is –

Equal Justice Under the Law

“…and justice for all.”

excerpt from: The Pledge of Allegiance

Advertisements