Friday, August 1, 2008

Legally, We Have a System

I've been ruminating these past few days, when I am able to breathe something besides fair air, on our legal system. Because I will spending two days sitting in court with loved ones over last two and next few days, it, rightfully, is taking up lots of brain waves.

One thing I've noticed is that two features of our system which I have taken for granted really don't exist anymore. The first is the right to a speedy trial. While I agree that we should have time to prepare, so that we're not grasping for the first offense or defense we can find, the system seems to forget it exists to deal with people. People who have lives. Lives which depend on outcomes in court, and often can't advance without them. One of the cases I am involved with, a divorce and custody discussion, (not my own, don't worry!) has been dragging on for a year and a half. Very little has been decided, and, this week I heard the phrase, "another year." I don't know how the participants can handle having their lives put on hold like this. I have seen them break down, and it's not pretty. And the kids; they have no idea what's going on, except that things often change and there's nothing they can say about it.

The other feature I have noticed is missing and probably gone, is the idea of "innocent until proven guilty." As soon as charges were made against the defendants I know, people took a step back and eyes narrowed. You know that look; "Can I trust you now?" Jobs were lost. Income was lost. Opportunities vanished. These days, if you are accused of a crime, you will be considered guilty until proven innocent. Don't be so Pollyanna-ish that you don't believe me. I've become cynical about this issue. Actually, it may help society in the long run. If "good" people like me are afraid to have their reputations ruined, and so avoid any possible implication of wrong doing, (which has been my position of late; I won't even speed) then perhaps we can have a safer, calmer society.

I don't believe it, either.

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