This morning I had an opportunity to see our justice system at work. It left me feeling that life could be a little unjust.
In August of this year, after I dropped my daughters off at school, I drove away through the residental area at 25 miles per hour. I failed to remember that the flashing yellow school lights not only warn drivers to be alert of school children crossing the street, but also decreased the speed limit to 20 mph. As I passed a police car parked near the blinking sign, my gratitude for the peace officer changed to concern has his lights turned on and I was pulled over. He explained that my speed would warrant a ticket AND due to special circumstances (the school zone), I must appear in court.
I was confident that a reasonable judge would see the absurdity of the ticket and that traffic school, or a small/reduced fine would be the punishment. Unfortunately with a lastname of Roberts, I was forced to watch the procedings of the other defendants whose last name started with letters A to Q. What I saw led me to believe that my case would not end well.
The Judge had a kind and wise manner as he called the speeders, illegal left turners, and underage drinkers to the front of the courtroom. Without losing his dignity, he explained how the minimum punishments decided by the law makers of the state required minimum sentences. Sentences that included: A $500 dollar fine for a Mexican lawn care worker for not securing his riding mower on a trailer with a 2 foot high safety fence, a one year loss of driver's license for a 20 year old caught drinking in a private residence, and 11 hours of community service for a hispanic teenager who made an illegal left turn and could not afford the $90 fine. Almost without exception, the "crimes" appeared to be an example of minorities being singled out (Hispanics, non-Mormons, non-residents) and citations being issued for petty items that suggested an abuse of power. The sentencing seemed to be an arbitrary requirement that made a mockery of justice with punishments that far outwieghed the crime. The judge's hands were tied. While he tried his best to maintain his objectivity and not provide legal advice to the victims of this selective enforcement and excessive minimum sentencing, I was grateful for his advice and counsel during pleas and sentencing that included how to appeal the decision.
As a strong supporter of our police, rule of law, and respect for our country's legal institutions, this was a kick in the stomach. I was forced to see how others could view our country as less than "liberty and justice for all". While my experience is just a single data point, it has led me to believe that we need to remove a few laws from the books, eliminate minimum sentencing requirements, and give judges more discretion.
I was advised to plea not guilty and call the prosecutor. That was not what I had intended to do, but realized it was the best option to obtain a fair outcome. Who would have thought that libertarians could become so compassionate?
Thursday, November 12, 2009
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