Monday, January 27, 1997

6:13 AM

Title: Cost of Freedom

 

Incident: A local family member was commenting upon the trials and tribulations of another members divorce trial and the comparatively large amounts of money involved. He was concerned about the hundreds of thousands dollars that is being spent to champion a cause that could have ended with the same results with a little planning and common sense. In essence, ones whole inheritance is spent on trying to prove a point. Since he is the official "Bean counter" of the family, I would guess that many a sleepless nights have contributed to this concern. His comment on "buying justice" is not far from the truth.

Thoughts: With the various trials going on in the this time zone,(O.J. Simpson’s 2nd trial, as of this date not determined, but assumed guilty) another member’s divorce and other recent trials, the result of which seems to be nitpicking and enhancing the attorneys well being. All at the same time. Has it become more of how much can you afford and not so much of weather you are guilty or not. If someone commits a crime (and really does commit it), it appears to depend upon their financial status as to the finding of guilty or innocence. A limited funded defendant will receive a limited defense. An excessively affluent defendant will receive an excessively affluent defense. Obviously this doesn’t consider the "Smoking Gun" evidence…. Although it might…

If a man has stolen his neighbors cow, outright took it from the field and put into his own field, the local sheriff would simply order the return of Mr. Cow, and be done with it…. Unless the new owner has a bankroll…. The new owner could call in the experts to determine Mr. Cow’s mental state as a calf, and within the last 5 cow years of Mr. Cow’s life, his exposure to abuse, analyze the food and living conditions, provide a psychoanalysis of Mr. Cows profile, put the original (and rightful) owner under observation to determine if Mr. Cow had a good reason to want to leave but just didn’t know how to express it, and if the New Owner receive divine inspiration and a mission from a higher source to rescue Mr. Cow from what anyone could see to be a less than an ideal situation…. He heard it in conversations directly from Mr. Cow. Of course our poor original (penniless) farmer wants Mr. Cow returned, but hasn’t the resources to fight the neighbor, and is standing there just scratch’n his head wondering what the hell’s going on…… Is this justice, or is it the best justice "..money can buy".

Theoretically the 1st owner is the true owner and shouldn’t have to prove a thing. He owns the Mr. Cow, short and sweet. If the 2nd owner wasn’t bankrolled, Mr. Cow would have been returned, he’d pay a fine of some sorts and be done with it. Because 2nd owner is bankrolled, he feels that he has a much better chance than the 1st owner because he can and will, justify the rescue or resurrection of Mr. Cow. He is guilty, knows it, but isn’t concerned because the other owner can’t do much about. The legal system isn’t real concern, 1st year law students excluded, since it is their job to provide the best case that money can buy. The Judges aren’t concerned as they are required to listen to the evidence presented and make a decision. The discovery evidence is simply the best that one can ‘afford’ to find. Bankrolled criminals, more white collared than blue collared, use the threat of going to court and dragging someone through the system to extract something from others. The threat of exposing one to unnecessary hardships, innuendoes, and financial burden is enough to waive the thought of true justice.

 

Conclusion: The key word here, is "..the best case money can buy…" And it is all acquired through the use of buying the evidence or information, through services, research, or plain old detective work. The government supplies some help in public defenders, but with the numbers involved can’t justify the expenditures. A person can be innocent and still end up in prison. Is justice being served? Is the true essence of justice being held as the standard or is it the true essence of Power, money or "…the best justice money can buy".

 

………..Just a thought

Frank B. Poole