The minds of many have been focused on the tragic shootings in Arizona yesterday. One thing that chills me is the realization that this really isn’t shocking anymore, despite the high profile victims and the seemingly impossibly sweet youngest victim as well as the stories of the others who died. But our world has come to a darker place. I often wonder whether this is what John the Revelator saw when he envisioned the last days. Okay, so that’s kind of a duh, isn’t it?
I was surprised by a phone call this evening from someone who is speaking ABOUT me but not TO me, asking me to explain my take on the legalities of the matter. You see, it is known who the shooter was, and he is in custody and has even made his first court appearance. Of course, his plea will be not guilty, and he will be tried before a jury. My caller wondered why, since there were so many people who will testify that he was, indeed, the shooter, can’t we just dispense with the trial by jury, have the matter heard by a judge, and make sure the key is well and truly thrown away. I definitely understand the sentiment, and I’ve even been known to secretly applaud some of that good ol’ vigilante justice visited on particularly heinous individuals by their fellow heinous inmates.
I’m no lawyer, of course, and I don’t profess to have any special knowledge, just lots of years of working in the judicial system and observing. So as much as I can understand it, I do, and I know that there is a reason for the laws we consider so precious.
So why does someone accused of a capital crime (a crime for which a person may be punished with the death penalty) rarely plead guilty? It isn’t really because anyone believes the accused is really innocent. Despite the fact that we have the right to be presumed innocent until proven guilty, the court of public opinion is far less interested in what’s just. But in a case like the instant case, where several people actually saw the shooter committing the acts, it’s not like those people will question his guilt, right?
The first thing I thought of was the Constitution. Having worked for a long time in court, reporting many a guilty plea hearing, I’ve heard hundreds of defendants receive a recitation of his/her rights. Sure enough, in the Sixth Amendment, we are granted: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
With the efforts of a good attorney, deals are made, punishments can be softened or even made more “palatable” to the general public, especially when the prosecutor is offered a dangling guilty plea in return. It’s kind of “business as usual” for the lawyers and judges, unfortunately. I often remind myself that my day at work is possibly the worst day in the life of the person on the other side of the table, so I need to take it seriously. And I do.
So why am I making a blog entry about this? As I was explaining what I understand about how important this liberty is for each of us, I was inspired with a great analogy. I said, “The reason it’s important to have this law is, just imagine if you were accused of a crime. Ten people say they know you committed the crime, but you know you did not. How fair would it be for the courts to determine that since ten other people said you did it, they needn’t bother with a trial? Instead, they would just find you guilty and send you directly to the punishment phase. And then there’s the fact that we, the public, want to know in this case what really happened. The people who were hurt and the people whose family members were killed have the right to stand before the accused and let him know how he has hurt them. And they have the right to know why he did it.”
And then I realized the painful irony of what I was saying to the person who was listening. Thank you, Heavenly Father, for giving me a moment of inspiration. It may not be of any use to my listener, but it certainly bore fruit in my heart and in my mind. My journey is far from over, but I feel stronger every day. I see a new reason to be joyful every time I turn. The mail or offhand remarks often bring things that cause me concern, but then I’ll see something or hear something that reduces the tough lessons to mere learning opportunities.
Man, I wonder if I can get a Ph.D. when I get to the end of all this? :D
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