August 17, 2011 5:39 AM

Today on "Defending The Indefensible"....

While trapped on an elliptical trainer at the gym yesterday, I was transfixed by a nearby TV tuned to “The View.” I wasn’t terribly interested until Whoopi Goldberg began holding forth on the Casey Anthony murder trial. Perhaps I’m the only person in this great nation that hasn’t followed every nuance of this case/tragedy/travesty (depending on your point of view)…but it does seem as if everyone has an opinion about the relative evil of Ms. Anthony and the “shortcomings” of our judicial system. Just as with the O.J. Simpson verdict, it seems everyone “knows” that justice wasn’t done…and that may well be the case. Like it or not, though, the jury rendered their verdict and Anthony was released. Depending on your moral/philosophical orientation, this is either an example of our imperfect criminal justice system at its imperfect best, or a complete travesty of justice that justifies- nay, demands- that we take matters into our own hands. Never mind the fact that the sort of vigilante justice contemplated by some has no place in a society based on the rule of law.

The reality that so many seem to have so completely forgotten is that our judicial system is by its very nature imperfect. We live, interact, and coexist based on the rule of law; it’s what keeps anarchy at bay. It’s also what’s separates America from, say, Sierra Leone, Russia, or Somalia. The rule of law is arguably the worst system of justice imaginable- except for every other system out there (apologies to Winston Churchill). America is as vibrant and successful as it is because of the safety and security provided to all of us by the rule of law. It creates (as much as a system designed by humans can) a level playing field and puts the powerful on the same level as the powerless. Granted, things don’t always work as designed or envisioned…but it’s still a damned sight better than any of the alternatives.

While I can agree that the verdict may well have been questionable, there’s often no accounting for what a jury of 12 civilians will decide. We didn’t hear all the evidence, nor were we in the jury room during deliberations. There’s no way, then, that any of us outside the jury room could possibly have any idea of what went into the verdict. We may not like what the jury came up with, but we’re drawing conclusions based on incomplete information. I have to assume that, no matter how “obviously” guilty Ms. Anthony may have seemed, there was a reason the jury acquitted her- and that reason is most likely that the State of Florida simply didn’t convince the jury of Ms. Anthony’s guilt beyond a reasonable doubt.

Don’t get me wrong; Casey Anthony may well be a reprehensible human being unworthy of being a mother or of walking the Earth as a free woman. That’s her karma, and the price for that is not for us to decide. While it’s understandable that those with strong opinions may be upset by Anthony’s acquittal, there’s no justification for threatening Anthony’s life over what they view as a miscarriage of justice. It’s an imperfect system, and sometimes justice IS blind- to the truth, to reality, to the crime that may well have been committed. Nonetheless, that blindness- in a perfect world, to emotion and mob rule- is what helps to keep this country from bursting at the seams. The rule of law may not always be pretty or convenient or seemingly reasonable, but it does ensure (for the most part) that American society functions fairly and equitably. One random, seemingly inexplicable verdict cannot and should not be taken as an indictment of our entire judicial system. Sometimes, things simply don’t work the way we might believe they should. That the rule of law is blind to that emotional component is, by and large, a very good thing.

Casey Anthony may well have gotten away with murdering her daughter, but there’s no way that any of us can ever really know how Caylee Anthony died. We may not like the verdict that a jury of her peers handed down, but whether we like it or not is apropos of nothing. It’s the way the rule of law works, and our responsibility is to respect that verdict and move on. If you don’t like it, then you can work to change the law(s) so that this sort of thing doesn’t happen again. What you cannot do is to take the law into your own hands- unless you understand and are willing to accept the consequences that would be the result of your actions. Two wrongs really don’t make a right. Those who might not see nothing wrong with acting as judge, jury, and executioner for Casey Anthony might want to keep in mind that murder (however seemingly justifiable) is still a crime…and if you’re going to be willing to do the crime, you’d best be willing to do the time.

Ultimately, Casey Anthony will pay for whatever her particular crime may have been, but that punishment is not for any of us to decide. When we as individuals take those decisions into our own hands, we become what we believe her to be…and that’s exactly why the rule of law is such a precious commodity.

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This page contains a single entry by Jack Cluth published on August 17, 2011 5:39 AM.

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