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The law isn’t supposed to be about unspoken excuses and behind-the-scenes calculations. The beauty of the system is that judges and juries are allowed to consider only what is seen and heard in open court. In between the white lines of this arena, it’s all supposed to make sense. This is where we all get to be equal again. In the defendant’s chair, rich and poor ride the same roller coaster, face the same music. Case has to match case. Sentence should match sentence.
But they don’t match anymore. They probably never did, and probably it was never even close. But at least there was the illusion of it. What’s happened now, in this new era of settlements and non prosecutions is that the state has formally surrendered to its own excuses. It has decided just to punt from the start and take the money which doesn’t become really wrong until it turns around the next day and decides to double down on the less-defended, flooring it all the way to trial against a welfare mom or some joker who sold a brick of dope in the projects. Repeat the same process a few million times, and that’s how the jails in American get the population they have. Even if every single person they sent to jail were guilty, the system would still be an epic fail—it’s the jurisprudential version of Pravda, where the facts int he paper might have all been true on any given day, but the lie was all in what was not said.
That’s what nobody gets, that the two approaches to justice may individually make a kind of sense. but side by side they’re a dystopia, here common city courts become factories for turning poor people into prisoners, while federal prosecutors on the white-collar beat turn into overpriced garbage men, who behind closed doors quietly dispose of the sins of the rich for a fee. And it’s evolved this way over time and for a thousand reasons, so that almost nobody is aware of the whole picture, the two worlds so separate that they’re barely visible to each other. The usual political descriptors like “unfairness” and “injustice” don’t really apply. it’s more like a breakdown into madness.
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