There’s No Justice In The Law

by Lord Serious

Justice cannot be arrested by law. Justice cannot be confined to any statute. Whenever lawmakers attempt to codify justice, justice ceases to exist. The framers thought they captured it in the constitution, but that is no justice. That is only the imitation of justice. The narrow scope of the law is only a cheap replica of what lawmakers think justice should be. Do these man made laws truly serve the greater good? If so, then why do these public safety policies result in disparate treatment that makes disadvantage groups feel unsafe? When the law being implemented in the interest of justice serves only special interest; these laws aren’t just, they’re just the law.

Justice is an art, the law is a science. One is abstract and infinite while the other concrete and finite. It is justice that established the four seasons and equally divided time between day and night. It is the law that caused global warming and decides daylight savings time. The law’s limitation is that it can only impose penalties. But justice is boundless in its ability to grant rewards. The nature of law is to discriminate. But justice will befriend an enemy, because it’s nature is to be indiscriminate. The law can be used to condemn and incriminate the innocent. Justice has fulfilled its purpose when it redeems and liberates the guilty.

The criminal justice system is a system of laws governing institutions to punish those who have violated the law. This system is so structured that it has an inherent bias towards the social conditions of the impoverished. Those who are being marginalized and excluded from mainstream society are disproportionately underemployed. They disproportionately suffer from mental health issues. Furthermore, their environmental conditions disproportionately exposes them to traumatic experiences within their homes and in their community.

As a direct result of these conditions, a major disparity exists between which socioeconomic class receives heavy scrutiny under the law and which receives a slap on the wrist. There are disparities in how the law penalizes the white collar and corporate crimes predominantly committed by the upper class. Versus how the law punishes the property crime, substance abuse, and violent crimes that are caused by poverty. Justice will always correct imbalance wherever it may exist. But the laws inhibit justice, because they are what cause the imbalances within this society to increase: the wage gap, the shrinking middle class, the opioid crisis. All of these social conditions are symptoms of the larger class conflict. These are the effects caused by laws that reflect the predatory behavior of the capitalist elite.

It is the law that permits the capitalist elite to cause an economic crisis that disproportionately harms middle class and lower class Americans. Increasing layoffs and unemployment nationwide. It is the law that provides government bailouts to the wealthy, but provides no relief to the member of the middle class facing foreclosure. It is the law that allows the institutional investor to buy these single family homes for pennies on the dollar and gentrify impoverished neighborhoods. Then put these properties back on the rental market and raise rent on the underprivileged. It is the law that permits the increase of evictions and then passes new laws to ban homeless encampments.

For this system to be just, it must stop punishing its citizens for being victimized by the very social conditions the laws create. Until lawmakers see those of us on the bottom of the social hierarchy, the laws will continue to protect the capital interest of their donors and special interest groups. Until legislators open their eyes to the social disorder being caused by the predatory behavior of the upper class, the law will continue to be wielded as a weapon to criminalize every member of the American underclass who accepts defeat. The law imposes retribution and it demands deterrence, but justice repairs harm and it restores balance. Laws penalizing those responsible for structuring this society in a way that causes the conditions influencing criminal behavior do not exist and they never will. These conditions are only allowed to exist, because there is no justice in the law.

P.E.A.C.E
Proper Education Always Corrects Error

Lord Serious Hakim Allah

(aka James Boughton # 1404741)

Lawrenceville Correctional Center

Of Law and Justice

Idealistically, law is suppose to be the vessel of justice, and in the more chaotic times of our antiquity there was a much clearer path to that interpretation.

As time has accrued, law has taken on a more sophisticated form in modern day society. It now serves as a mere balancing sheet for lawmakers to differentiate the cost of the quality of human life versus economical wealth. From such a vantage point, law and justice lie on opposite sides of a gap that is trending a wider course as distrust in the government grows more rampant.

The mold that is justice used to shape the law is ornamented in such a way that it has become almost indiscernible. The common American is overwhelmed with the law’s immense frame of reference that has come to exceed far beyond the general welfare of its citizens. In our capitalist society, the average citizen has no time (thus no money) enough to give to the task of deciphering the justice in law today.

Plus, for too many people take for granted the influence environment has over their innate sense of justice. It takes virtually no effort to feel and a relatively great deal more effort to analyze. This dynamic form the basis for the average Americans susceptibility to being told what justice is. As of a consequence of this dynamic, they are led further away from how justice feels. This product is the cornerstone of the demagogue politician’s playbook.

The irony of former President Trump and his allies to proclaim that the justice system is being “weaponized” against the former President speaks volumes to the malleability of our understanding what the American justice system is. Yet, it brings forth this unsightly truth about our justice system– that is can and HAS been used as a weapon time and time again. This devious application of justice system is not particular to America nor is it particular to this era in time. Justice systems have been utilized since the times of antiquity in order to dispatch unsavory people who may potentially pose a threat to an establishment’s order– as did the Romans use the justice system to incarcerate Jesus.

Understand, I am NOT relating Trump to Jesus! I deem Trump’s situation to be ironic because it was his blatant abuse of power that allowed me to see the stark contrast between law and justice. Now, as he stands convicted of 34 felonies (in a state court outside of the pardoning power of a sitting president), he now wants to direct the public’s attention to the weapon-ready capabilities of the justice system. So far after this same system has wrongfully claimed the lives of countless, unprivileged, disadvantaged people. All under the guise of justice.

As it stands now, a person can be found not guilty of a charge they stand accused of, yet, be serving a life sentence for it. How can this be? Certainly, this is NOT justice, but it is the LAW. (reference Waverley VA case, man wrongfully accused of killing a police officer, found not guilty but serving life).

This is not an undressing of a completely corrupt system, overtly debased and unsalvageable. In our overly sophisticated society, there has been great work on part of noble lawmakers who still seek to reflect justice in their policymaking. Still, they are trying to re-right a ship that has been off course for far more than 200 years. All this, in addition to being up against a monumental force that refuses to die out quietly.

Regardless of this, they press on. This is cause justice is not a mere thing subjected to the laws of entropy– it cannot and will not die. It is a spirit that eternally lives within the heart of the human soul. Those of us who will not cower to the inner corners of ourselves, writhed with fear and desperation, will be its vessel. Those ones will serve as a torch, burning bright, the light of justice.

In the words of the famous Black psychologist, Bobby E. Wright

“A luta continua– lisima tush inde mbilshaka”
(The struggle must continue– and we will conquer without a doubt)

Love, peace, and power
Q.

Prompt: The Education of Critical Race Theory

There’s been quite a stir these past few years in the mainstream media about critical race theory. It’s extremely important for us, as incarcerated people, to understand it because it speaks to why the prison system is disproportionally black.

I posed the question: ‘What is critical race theory?’ to many of my colleagues. To my surprise, most of them were uncertain. Education Weekly defines critical race theory (CRT) as an academic concept that observes the perpetuation racial inequality. The core idea is that race is a social construct, and that racism is not merely the product of individual bias or prejudice, but also something embedded in legal systems and policies. Contrary to popular belief, it’s not a new concept. It’s a scholastic perspective that’s over 40 years old.

Some suggest that the teaching of critical race theory is essential to the healing concerning racial conflict in America. Others say that the teaching of this history serves to maintain the divide in black and white relations in this country. Consider it a case of the ‘truth hurts’ vs. basking in blissful ignorance.

CRT views race as solely a social construction without any truth bearing in biological reality. That is to say, the CRT scholars acknowledge that there is no biological difference between races, and that the concept of races being fundamentally different is a complete fabrication. Though a construct, CRT acknowledges that the idea of race is significant and thus, guides race relations and interactions on cultural, social, and legal spectrums.

CRT suggests that this country systemically promotes a racial caste system, where minorities are relegated to the lower tiers of society.

If CRT has been around as long as 40 years ago, why is it just becoming popular now? Well, to anyone who hasn’t been living under a rock for the last decade or so, the recent events leading to what is now recognized as the ‘racial reckoning’ has brought awareness to many Americans about the unfair practices used to continuously oppress the black American population. In the view of CRT, the subjugation of black people has persisted way beyond their enslavement, and has been legally promoted and protected by law in America. The issue now — with the continuous validation of this theory — it has enough merit to guide the curriculums of K-12. Many state legislators (largely conservative Republicans) are rushing to ban the teachings of this theory at the grade school level.

I am of the opinion that, though the truth can be hard to bear, the truth sets you free. I believe that the teaching of critical race theory will be the start of setting this country free from its vile racial divide. Others believe that the teaching of CRT will lead to further the divide in this country. What do you think?

Prompt: Write a paragraph or more describing your opinion on CRT, and your opinion on whether or not it should be allowed to be taught in grade school. Additionally, if you can, trying answering some of the foundational questions of CRT to add more opinion to your piece.

*How do you think law protects racism and upholds racial hierarchies?
*How does law reproduce racial inequalities?
*How can law be used to dismantle race, racism, and racial inequalities?
*How do you think law constructs race?

— Peace and Love, Q