A Thoughtful Response

This is a response to a young lady who took issue with my blog in which I said I felt our system of justice, though flawed, is a good one.

First, never worry about about having a difference of opinion with me. I love honest debate.

Second, I appreciate the fact that someone as young as 17 is so aware of what's going on.

Third, I agree with you that the crack/cocaine sentencing disparity inordinately effects blacks and that the juvenile system can use and overhaul.. It once worked. But society has changed and the system has yet to catch up.

That being said I stand by my position that out system is good. It is good because all of those things can (and I believe will) change exactly because the system allows for that.

Niether judges not the judicial system writes the laws they are sworn to follow. The crack thing happened the way it did because of an emotional LEGISLATIVE response to the inordinate violence associated with the first wave of the crack epidemic. Legistaltures pass laws. All the judiciary can do is to apply them as fairly as it can. But when legislators put mandatory minimums on stuff (In part to silence vocal fear demanding that 'something be done") There is nothing a judge can do but follow the law.

Same thing with the juvenille system. When there is a public hue and cry for harsher sentencing because of the level of a new wave of violence and extreme behavior of young people the legislature respondes quickly to to the easiest thing to assure the public that they are doing their best to keep them safe: The easiest option? Change the laws that allow younger and younger chidlren to be tried as an adult.

I don't think there should be an either/or with the juevnille system. I think juvenile court shoudl be changed to allow it to hold loger and do more things so that there would not be a rush toward sending them to adult facilities.

The thing is you have to understand that the system responds to a vocal and knowledgable public. The crack/cocaine disparity is being dealt with as a result of such public outcry. Voices are beginning to coalese with respect to the juvenile issue. No system willl ever be perfect but how wonderful is it that the opinion of society can move legislators (Who must answer to us at the polls) to change the laws we find repugnant?

The problem has been in the past that those most effected by imbalanced and improper laws are the least likely to vote. I think the excitment over Obama has changed much of that and I hope the Obama effect continues. But it willl not if we are not educated as to the sourse of our problems and diligent about our efforts to repond to them.

I did a piece on NPR re: the crack/cocaine sentencing disparity. Go on my site www.judgelynn.conm and click on NPR to find it.

Know what's going on. Understanding the unique and real opportunity we as people have to direct this country including the laws the judiciary must follow will reveal the beauty of the system (flawed though it may be as it is the creation of man - and we are flawed)

Having said that I think it is even more clear that my advice holds true:

Stake out your corner!!!!!