Empty Days

Monday, April 26, 2004



Justice is blind, truth is harmful

Those who have had to go through the court system know that truth is the last thing that will get you justice. This is something every lawyer knows, and no layman wants to believe until he sees it for himself - and gets burned for the first time.

The legal system is based not on seeking out of truth and achieving fair judgement but on the seeking out of the most believable presentation. Lawyers are taught to present facts in the most compellingly believable way - oftentimes, the actual truth of the facts is neither compelling nor believable and it turns out that a well-supported lie appears far more effective than stating plain truth.

People who try to defend themselves without a lawyer often fail because they bet on truth - forgetting that a well-placed lie that is impossible to disprove can easily overturn every fact as if it never existed. Perjury is a perfect weapon - and it's not the Bible that gonna stop a liar. Why not lie if lie is effective and cannot be disproved? Obviously, honest people are at great disadvantage when faced with the legal system - not having the guts to lie and misrepresent facts is a great weakness and the verdict usually goes against the honest and the morally upright.

Presentation is everything. Those who are capable of mounting a whole show to convince a jury or a judge of their suffering are those who reap the rewards. If you've been prejudiced but are incapable of staging a convincing show, with abundant tears and heart-breaking pleas, to "prove the effect" of such prejudices - then you're probably better off not seeking justice at all in the first place. And you're better off not expecting it either if you're being accused of crimes and intentions you didn't commit - if you're not a good actor, or if your dignity prevents you from going all soapy and teary-eyed, or if you're not forcible and articulate enough: you're doomed. And that's the extent of that glorious system of justice that's supposed to be based on truth and facts.

***

I've seen some american investigative report about the trial of a young woman accused of murdering her husband. And this is just one example out of thousands - this one had the dubious privilege of being televised. The woman inflicted nearly 200 knife wounds to her hated husband and buried him in the basement. She looked frail and not a violent type (unlike Courtney Love - or rabid bitches of that sort). There was every reason to believe that this murder was not premeditated and that the woman was certainly not in a normal state of mind when she did that. Her defence was truth - but unfortunately the truth of certain extreme states of mind is not believable to the everyday reason, and the jury decided against her. The clueless fucks in the jury seat believed the prosecutor - who painted a gross, B-movie style portrait of a viciously vindictive female who tortured her fat lovable hubby before killing him and then cold-heartedly tried to conceal all evidence while going about her normal routine as if nothing had happened. She couldn't even prove her husband was abusive - because she did not report abuse to police and tried to hide it from the whole world. Which is actually a good explanation of why this woman was not able to extricate herself from this vicious relationship and was ultimately driven to madness and murder: any "sensible" person in her place would have reported all abuse and just left the guy for a better life. Don't ya think?

The suffering and hopeless despair that drives ordinary law-abiding people to kill their abusers and the suffering that the murder itself occasions - those are things "sensible" folks in the jury just can't understand. They think in terms of soap-operas and the most obscenely simplistic hollywood psychology that got nothing to do with reality. Reality and the truth of reality is much too frightening and too damn sick to get through to dumbass fucks like that. So much for "facts" and "common sense" - and "justice".

May God spare you, reader, from having your life decided by idiots and the idiot court-system that is so contemptuous of human reality. Faith in the justice-system as the guardian of truth is a grave mistake - an illusion that may cost you dearly.

***

A year ago there was another famous case where a woman suffering from post-partum psychosis drowned all her children in the bath-tub - the jury of clueless morons condemned her to life in prison for 1st degree murder.

The fact that there was no motive on earth for her to kill her children other than mental derrangement, that her distraught husband did his best to defend her, did not bother the "sensible" fucks in the jury seat.

Dostoevsky, in his Diary of a Writer often discussed similar cases - in his day and age the jury-trial system was still a new thing and was hotly debated for its merits and failures. He reported a case of a pregnant woman who threw a 6 year old step-daughter of hers out the window - ostensibly because she hated her husband and his child by extension. She was condemned and sent to hard labor in Siberia. Dostoevsky points out that the jury forgot to take into account the fact that she was pregnant - and that pregnant women are sometimes subject to abnormal states of mind. As he put it: "it looks like a clear-cut case - but was it all really that simple? Reality is often far stranger than fiction."

As we can see there are inherent and fateful flaws in the trial-by-jury system - and the biggest flaw is narrow-mindedness and stupidity of most jurors. Wonderfully portrayed in the film "Twelve angry men" - it took a giant of reason and insight in that hopeless crowd to overturn a wrong verdict.

***

This whole outburst was sparked by a phone call I made today to the office that regulates disputes between tenants and landlords. It's still about that broken fridge. I told them it's been well over two weeks now and that I wrote to the landlord and nothing happened - they told me that if I went to court with this I would have to "show" to the judge what sort of "grave prejudice" not having a fridge caused me :-0

I mean - what the fuck? The owner is required to provide me with a fridge, it's part of my monthly rent, and I have to "show" how not having a fridge for half-a-month "harmed" me?

The woman I talked to even described what kind of arguments I'd have to provide as part of the "show of prejudice": if I had children I could describe the suffering of the little ones from not having any milk, and she said "prejudice" is harder to "show" for single people :-0

Then she asked me what I considered a reasonable span of time for a fridge to be replaced or repaired... How about two weeks?? She didn't seem convinced. Then she suggested I rent a fridge from some company and charge the landlord for the expense. Yeah. After that I will urgently need to adopt some really young children to show and prove in the court that I was in fact prejudiced...

I mean, good grief - damn I am lucky it's just a fridge! And what if my whole fucking life depended on such idiots as that moronic bitch on the phone - or in the jury seat? I rather not think about that.





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