Peirspictiochtai Ar An Saol
Zero-Based Justice
Part Six
Key elements underpinning the current system of justice in the United States include the concept that justice is blind, that people are protected from double jeopardy, that individuals facing prosecution are entitled to legal representation, and that people are guaranteed equal protection.
The perception that "Justice is Blind" is a lofty goal of the current system of justice in the United States. The concept is that Lady Justice – a nod to the gods of ancient civilizations – represents a just system of fairness. For the past several hundred years, a blindfold covers her eyes so that she can be fair and just to all – regardless of whom stands in front of her for judgment. She is to stand for the provision of justice regardless of income, power, status, class, or any other aspect of life.
People in the United States are protected from double jeopardy by the Fifth Amendment of the United States Constitution. This amendment explicitly states "…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…" In essence, this means that the Federal government cannot put you on trial for the same criminal act for which you have already been prosecuted and a judgment has been issued.
According to a statement from the United States Congress, "Despite the Clause's literal language, it can apply as well to sanctions that are civil in form if they clearly are applied in a manner that constitutes punishment. Ordinarily, however, civil in rem forfeiture proceedings may not be considered punitive for purposes of double jeopardy analysis, and the same is true of civil commitment following expiration of a prison term."
"Double jeopardy" also does not apply when the same criminal act can be prosecuted by both the Federal government and a separate governmental unit, be it a state, commonwealth, district, or territory.
Individuals facing prosecution are entitled to legal representation according to the Sixth Amendment of the Constitution of the United States. The wording – using the English spelling of "defense" at the time of the writing of the Constitution – states that "In all criminal prosecutions, the accused shall…have the Assistance of Counsel for his defence."
"A more complicated question is the extent to which the Sixth Amendment right to counsel applies in contexts beyond the trial itself, such as preliminary criminal proceedings," according to a statement from the United States Congress. "As a general matter, the [Supreme] Court has explained that the Sixth Amendment right to counsel is triggered 'at or after the time that judicial proceedings have been initiated…'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.' In other words, the Sixth Amendment right to counsel does not begin until the initiation of adversary judicial criminal proceedings. Even once adversary judicial criminal proceedings begin, the Sixth Amendment right to counsel applies only to critical stages of criminal prosecutions. In a number of cases, the [Supreme] Court has examined the extent to which the Sixth Amendment right to counsel applies in contexts including pretrial judicial proceedings, custodial interrogations, and lineups and other identification situations, among others."
The Fourteenth Amendment of the United States Constitution states that "…No State shall make or enforce any law which shall…deny to any person within its jurisdiction the equal protection of the laws." While this section of the Constitution was added after the American Civil War and was designed to require the states, commonwealths, district, and territories to treat all people equally regardless of race, it was written to have "equal protection" apply to aspects of life beyond race. In practice, other aspects of the United States Constitution have been interpreted to require the Federal government to also provide equal protection.
The next news column in this series will continue to detail specific characteristics of justice as it is practiced today in many parts of the United States as well as ways that justice could be practiced through Zero-Based Justice.
Peirspictiochtai Ar A Saol – Gaelic – Irish – for "Perspectives On Life" is a column focused on aspects of accountability and responsibility as well as ways people look at life.
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