May 26, 2003
Certain moral precepts accepted as standards of conduct provide the basis
of laws throughout the world. It is assumed those laws will be equally
applied in all situations and to all individuals and groups. But
experience discloses major differences in how those laws are enforced and
to whom they apply.
Accordingly, it is appropriate to modify the belief of equality before the law to a more realistic concept that enforcement varies from lenient to harsh based on how favorably the enforcing authority views the perpetrator.
This modification is universally applicable. Irrespective of the society, democratic or totalitarian, the average citizen will be treated essentially as the laws require. The favored will get off lightly and the disfavored will be punished excessively.
One way to become favored is to know your rights. Make the right payment to the right person and favorable treatment will follow.
If the perpetrator does not know that right person, an intermediary, often some lawyer, will be needed to make that connection.
Many of the crimes committed by the favored are not even brought to trial. Publicity of a case may impede the success of a coverup, thereby requiring some charade to be invoked. Examples might be 'insufficient evidence to bring the case to trial' or 'defendant does not have the mental capacity to undergo a trial'.
Desired results are frequently obtained by knowingly introducing perjured testimony. Conservative Judge Alex Kozinski of the 9th US Circuit Court of Appeals, a Reagan appointee, has publicly stated "It is an open secret long shared by prosecutors, defense lawyers and judges that perjury is widespread among law enforcement officers."
These conditions apply from the pettiest to the most serious crimes, irrespective of the circumstances. The petty criminal who steals a few hundred bucks can look forward to a long prison sentence if caught. But a white, articulate, clean-cut fellow who makes a good appearance in court might get a slap-on-the wrist type of punishment; not so for a minority who comes into court with a disheveled appearance and insolent demeanor.
Many reputable executives have embezzled fortunes, caused tremendous losses to their employees, stockholders, and creditors, and when convicted get that lenient treatment -- a short sentence to be served in a country club prison.
The authorities are very ingenious in circumventing any obstacle that may arise. If the state dispproves of an activity that is perfectly legal, it can create conditions for approval of that activity in an attempt to render it ineffective. Seek a permit for an anti-war demonstration and various impediments may suddenly arise, as occurred in New York City on February 15, 2003. Instead of a march in front of the United Nations buildings, participants were herded into police barricades using the rationale that such a march would result in security problems. If the intent was to discourage a large turnout it did not succeed. Hundreds of thousands showed up and the streets were so crowded that the marchers could not be accommodated in the areas set out for them. Non-political and favored demonstrations or parades encounter no such problems.
When authorities discover that current unfavorable situations cannot be suppressed under existing laws, new laws are enacted to satisfy new requirements.
When the civil rights movement gained the support of the general populace, the resulting public pressure forced some justified relief from the oppressive segregationist practices and laws. But the ruling elite was unhappy with those "uppity blacks" and other "undesirables," so new laws were enacted to put them in their place. Laws that created victimless crimes; namely, the use of prohibited drugs. As a result, the U.S. now has over two million prison inmates -- mostly black and Hispanic -- serving long sentences. This is a rate of incarceration that is many times greater than that of other western countries.
Just think a bit and you will recall many other analogous situations.
The lady holding the justice scales is a fraud. She can peek through the blindfold and is well aware that 'Equality before the law' and 'the system works' is hokum for the rubes!
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America the 'beautiful' on Swans
Philip Greenspan on Swans (with bio).
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