Tag Archives: justice system

When Fighting For Equality Is Counterproductive

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Have you ever met someone who is just inherently better at something than you? No matter how hard you practice, you just can’t reach their level. They’re still better. It’s an unfortunate fact of life that we all have to learn at some point, but I worry that some people are trying to put that lesson off while others are trying to outright subvert it.

In general, the intent is noble. The world is full of horrendous inequality. There’s wealth inequality, gender inequality, and even inequality in representation within superhero comics. While we have done a lot in the century to reduce inequality, there’s still plenty of room for improvement.

For the most part, people support those efforts. You won’t find many people who aren’t enjoying a fat inheritance that will say outright they want less equality. Segregation, rigid caste systems, and the dehumanization of minorities is largely frowned upon for reasons I hope I don’t have to recount.

Seeking a more equal and just world is a perfectly respectable endeavor. For the most part, I support those efforts. I believe we should work towards a more egalitarian society where the rights and dignity of individuals are protected and respected. Even though we have laws in place, as well as principles espoused at an international level, we could do a better job at enforcing them.

With all that said, there’s still one burning question that I feel is worth answering. It relates directly to the first question I asked earlier and the harsh lesson it teaches us.

How much equality is actually possible?

It’s one of those questions that’s impossible to answer, but evokes many heated debates, regardless of politics or affiliation. Whether it’s economic issues or gender issues, these debates often devolve into one side calling the other a fascist or a bully. Every now and then, there’s some meaningful discourse and even a few novel ideas. In the era of outrage culture, though, this seems to be getting increasingly rare.

We’re at a point where even the slightest hint of inequality is deemed untenable.

Are there too few female superheroes in comic books? That’s not equal!

Are there too few people of color being cast in major move roles? That’s not equal!

Are there too few minorities in Forbes list of 100 richest people? That’s not equal!

Are there too few women in fields of science, medicine, and technology? That’s not equal!

Are there too few dating options for people who are disabled or obese? That’s not equal!

Are there too many beautiful women who only hook up with assholes? That’s not equal!

Are there too many handsome men who only date supermodels? That’s not equal!

I could list dozens of other situations that are grossly unequal. I purposefully omitted big ones like the gender wage gap and racial disparity in criminal arrests because these are cases that best highlight the logistics of promoting equality versus the ideals surrounding equality.

By law, it’s illegal to pay someone less because of their gender and has been since 1963. The courts have also historically ruled that it’s illegal to selectively enforce laws on the basis of race. These precedents are decades old and on the books for any lawyer to enforce. Why is there still so much inequality?

There are many reasons for that and I’m not smart enough to make sense of all of them. However, I think the mechanisms that continue to drive inequality can be best summed up by a terrible Jennifer Aniston movie from 2006 called “The Break-Up.” Yes, I know that sounds ridiculously random. I promise there’s a reason behind it and it relates to the underlying concept of equality.

In that movie, a couple is going through some nasty conflicts that are only mildly amusing at best. However, the most revealing quote from the movie, which also happens to be most relevant to this topic, is when Jennifer Aniston’s character tells her significant other this.

“I want you to WANT to do the dishes.”

It is, without question, an absurd statement that makes an unreasonable demand on someone she claims to love. It nicely sums up the entire conflict of the movie and effectively spoils the ending. These two are not in a functional relationship. In fact, if they had actually stayed together at the end, it would have been unhealthy for both of them.

That’s not because the relationship was unequal. It’s because both Jennifer Aniston’s character and Vince Vaughn’s character had very different ideas of what was “fair.” I put fair in quotes because it was an empty concept in this context. They didn’t just want equality in terms of roles, responsibilities, and privileges. They wanted equality of outcome and consequences.

That’s not just an unreasonable expectation. It’s a catalyst for outrage. It’s one thing to fight for legal equal protection, but fighting for equal outcomes and consequences is a losing battle. You’re better off trying to divert Niagara Falls by spitting at it. On top of that, it sets people up for disappointment and outrage.

The all-female remake of “Ghostbusters” was never going to make as much money or be as beloved as the original.

The push for less sexy video game characters was never going to improve gender relations in the gaming community.

Attempts to replace Iron Man with a 15-year-old black girl from Chicago was never going last for very long.

All these outcomes were fairly predictable, but still generated incredible outrage with people crying discrimination, racism, sexism, and every other kind of insult in keeping with Godwin’s Law. As a result, those still fighting for what they see as “fair” have to step up their game and push harder. That often means becoming more extreme in rhetoric, emotions, and tactics.

Since things like reality, facts, and basic human nature often get lost in extremes, it makes sense that we have such radical segments of the political and social spectrum. I believe most of them genuinely believe they’re fighting for greater equality and greater fairness, as they see it. A few are probably just genuine assholes looking for excuses to be bigger assholes, but they’re the minority.

To some extent, I can appreciate the intent and effort of those fighting for more equality. The world is still imperfect and humanity, as a whole, is exceedingly imperfect. Our collective history is riddled with injustices and atrocities of staggering proportions. We should strive to be better, as individuals and as a civilization. A part of that effort pursuing a society of equal rights, privileges, and responsibilities.

At the same time, some levels of inequality are unavoidable. Sometimes, it’s due to simple demographics. Sometimes, it’s due to the basic laws of biodiversity or sexual dimorphism. Sometimes, there are individuals that are just inherently better at you than something. I could practice basketball every hour of every day for the rest of my life. I’ll still never be as good as LeBron James.

That kind of equality is just not possible in the real world. Until we all become shape-shifting cyborgs, we can only be equal to a certain extent. Many sincere people disagree on where that extent is and where it should apply.

However, there’s a real danger in trying to achieve the impossible and getting upset whenever it’s not achieved. It doesn’t just suck up energy, ideas, and resources from other meaningful endeavors. It fosters hostility towards others and their ideas. In the same way Jennifer Aniston’s character couldn’t make her boyfriend want to do the dishes, we can’t make someone else want our idea of equality.

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How Much Are We Willing To Hurt The Innocent To Punish The Guilty?

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There are certain questions that nobody likes to ask, but still need to be answered. Questions concerning crime, justice, and punishment are usually at the top of that list. Lately, answering those questions has becom more urgent. If current cultural trends continue, that urgency will only increase.

That’s not because people are becoming more keen on justice. It’s more a byproduct of injustice being so much more visible in the age of the internet and social media. Crimes don’t just make the news these days. They can trigger full-blown social movements, destroy careers, and bring down powerful people.

To some extent, this is a good thing. We, as a social species, have an innate sense of justice hardwired into us. When we see something unjust, be it a kid stealing a cookie or a gruesome murder, most sane people want to see some level of justice enacted. When it isn’t, that bothers us. That’s where our sense of empathy comes from.

That said, it is possible for that innate desire for justice to go too far. Nature is a blunt instrument, largely out of necessity. Our desire for justice is no different and in the same way egregious injustices are harder to hide, gross misapplications of justice are becoming more visible as well.

As of this writing, the Innocence Project, a non-profit legal organization that works to exonerate those who’ve been wrongly convicted of a crime, have freed 350 people, some of whom were on death row. Those are the lucky ones, though. In a 2014 study, the National Academy of Sciences estimated that approximately 4 percent of those sentenced to death row may be innocent.

Think about that, for a moment, as a simple math problem. For every 100 people who are executed by the state for their crimes, 4 of them are completely innocent. Whether you’re liberal, conservative, libertarian, or communist, the murder of an innocent person offends our humanity to the core. Only a sociopath would be comfortable with that math.

That murder of some innocent people for the sake of punishing the guilty is an extreme example, but one that nicely highlights the potential pitfalls of our reckless crusade against injustice. I don’t bring it up to start a debate on the death penalty, which is very much a dead-weight issue within politics these days. I’m using it to provide context for misapplications of justice that aren’t as clear cut.

Thanks to social media and global connectivity, it’s a lot easier attack injustice without the rigid bureaucracy of legal justice system. It’s largely because of this emerging technology that the ongoing anti-harassment movement and the push for greater diversity have become more vocal. Instances of injustice that might have been ignored in the past are now much easier to confront.

Instead of hiring a lawyer, getting the cops involved, or going door-to-door to raise awareness, these perceived injustices can be attacked online, which can subsequently lead to offline consequences. While that can be an effective recourse for those who wield great power and have an army of lawyers, it does come at a cost and innocent people have felt that cost.

While there are plenty of cases that don’t become mainstream news, some of the most notable include the Duke Lacrosse incident or the UVA rape case. These are both cases that struck the right and wrong chords at the right and wrong time, evoking in people their inherent aversion to injustice in the utmost. It got people upset and emotional, so much so that they didn’t stop to wonder whether those involved were really guilty.

The alleged crimes were undeniably heinous. There’s no question about that. Anyone guilty of such crimes deserves to be punished. However, in wanting to punish such crimes, innocent people suffered. Some had their reputations temporarily ruined and others have been irreparably destroyed.

There are other lesser known cases of innocent people suffering because of an accusation that later turned out to be false. There are likely more in which the innocent person never gets justice. It’s impossible to know how common they are. Most will point out how rare those instances and in terms of raw numbers, that’s true.

However, that still implies that we have to accept the price that some innocent people will suffer in our pursuit of justice. It also highlights how important it is to have a functioning justice system that includes traditions such as due process and the presumption of innocence.

It’s a tradition worth belaboring too.

It’s an imperfect process, admittedly. There have been notable cases where someone likely got away with a crime because the standards for a conviction are so high. The principle behind that system is that, in the name of not condemning the innocent, we accept the price that some of the guilty may escape justice.

For some people, that’s more untenable than the condemnation of an innocent person. That has become a much more prominent theme in recent years, due to the anti-harassment movement. That’s somewhat understandable, given how long men like Harvey Weinstein got away with their deplorable behavior.

In the effort to prevent or punish such deplorable behavior, though, those critical tenants of our justice system that are supposed to protect the innocent are being cast aside. There are some within the anti-harassment movement who emphasize the importance of believing the victim’s accusations in lieu of the presumption of innocence.

Other, more radical, voices in the movement have favored changing the standards of evidence for rape cases so that they would no longer be subject to reasonable doubt. Granted, these are somewhat extreme measures that probably won’t upend our justice system anytime soon. Others far smarter than me have already pointed out the dangers and debunked many of the assumptions.

None of this is to say that the anti-harassment movement or the effort to hold people accountable for their behavior is entirely misguided. I’m in favor of exposing crimes and having the guilty pay for those crimes, provided they really are guilty. I support efforts to reduce harassment, sexual or otherwise. I support efforts to reduce sexual assault on women and men. Most decent human beings share that sentiment.

What I don’t support is the idea that it’s okay for more innocent people to suffer for the sake of capturing even more guilty people. As I mentioned before with the Innocence Project, our flawed justice system already condemns innocent people. A willingness to let more innocent suffer is the wrong direction to go in fighting injustice.

I know that’s easy for someone like me to say because I’ve never been the victim of a serious crime. I’ve had some stuff stolen before, I’ve been cheated out of some money, and I have been roughed up before, but I’ve never been seriously injured or assaulted. I can’t imagine how someone who has been seriously victimized feels about what happened to them.

Their suffering matters. The suffering of innocent people matters too. It’s why the question surrounding hurting the innocent to punish the guilty needs to be asked, even if the answers make us uncomfortable. The fact those answers make us uncomfortable reflects the flaws of our justice system and how imperfect our world really is.

At the same time, it also reminds us why seeking justice and combating injustice matters. We, as a society and a species, cannot function if there isn’t some semblance of justice. For victims and innocent alike, we need those institutions so that we can prosper and grow as a civilization.

From the anti-harassment movement to crusading prosecutors to overt bias in the court system, there comes a point in the pursuit of justice where compromising the innocent is a price that some are willing to pay. Once that line is crossed, though, it sets a dangerous precedent that relies on dangerous assumptions.

To be willing to compromise the innocent, it’s necessary to believe that people who fit a certain profile are guilty by default. If their gender, race, ethnic group, religion, or nationality checks enough boxes, then innocence becomes an afterthought. It becomes another numbers game in assessing potential guilt over actual guilt.

That’s a precedent that can easily devolve into a panic and, as history has shown, panics tend to harm the innocent far more than the guilty. It also undercuts the suffering of actual victims because if actual guilt becomes an afterthought, then so too does actual victimization.

That, in many ways, is the greatest price that comes with compromising innocence. Punishing a guilty criminal simply rights a wrong. Punishing an innocent person has impacts that go beyond simply making an undeserving individual suffer. It has a ripple effect on the entire concept of justice, much of which cannot be qualified.

That’s why, even if it is as rare as some claim, the punishment of one innocent person should offend our sense of justice more than a guilty person escaping. A guilty person is still going to be guilty, no matter what their high-priced lawyers say. An innocent person who is punished for a crime they didn’t commit often lose so much more than just their innocence and that’s an injustice no one should tolerate.

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Hard Truths: Justice, Injustice, And O.J. Simpson

I understand that not everything I say on this blog is going to be popular, sexy, or funny. I don’t doubt that there are opinions I’ve shared and jokes I’ve told that haven’t gone over well. There may be even a few people out there who have read them and felt the urge to punch me in the face through their computer screen.

I understand that. It’s just part of the internet. You’re going to say things people hate and meet people who hate your guts. I’m sure there are people who still haven’t forgiven me for my post on the mind of misogynistic men. I won’t apologize for saying what I say, but please understand that I don’t say it with the intention of hurting or upsetting people.

I say all this as a preface, of sorts, because I know some of the things I’ll say in this post are going to upset some people. If not on this post, I’m sure there will be other posts that draw anger, disgust, and disagreement. Some of these issues are not as innocent as sex robots, Wonder Woman’s BDSM origins, or the sexiness of chest hair. They’re real, serious issues.

The issue, in this case, has to do with something that’s fairly timely in the sense that it often comes up this time of year. Just this past week was the 23rd anniversary of the infamous O.J. Simpson Bronco chase. It happened on June 17th, 1994. It was one of those days where everyone remembers where they were. It’s also one of those days where everyone formed an ardent opinion that still divides people to this day.

At the time, I was fairly young and didn’t really understand the gravity of what was going on. I kept hearing the name O.J. Simpson in the news. I kept seeing people watch the trial on TV, talk about it, and obsess over it. Being so young, I thought it was annoying. All that talk about O.J. Simpson cut into time I’d rather be using to read comics, watch cartoons, and play video games.

I guess you can say I’m part of a generation that only ever knew O.J. Simpson as the alleged murderer who got away with it. Pretty much anyone born before 1982 only knows this side of O.J. Simpson. When they hear his name, they usually think of the Bronco chase, the trial, and the bloody glove. They don’t think of the larger context.

There are members of my own family, as well as major news figures like Keith Olbermann, who’ve tried to explain to me just how big a deal this was. It’s hard for them to convey to people of my generation just how beloved O.J. Simpson once was. Between his Hall of Fame football career, his acting career, and his iconic Hertz commercials, it’s impossible to overstate just how popular this man was.

There was actually a time when the name O.J. Simpson had many positive connotations. He was a celebrity sports icon whose popularity transcended race, class, and everything in between. For someone like him to be accused of a ghastly double-murder was akin to Captain America becoming a Nazi. Actually, that’s a bad example.

It’s because of that other side of O.J. Simpson, namely the one that people of my generation never saw, that his trial became the “Trial of the Century.” That trial, and the controversial verdict that followed, still divides America to this day, often among racial lines.

If you want to have an uncomfortable conversation about race, justice, injustice, and the legal system, pretty much every distressing element you can think of is highlighted by the O.J. Simpson case. It involves spousal abuse, police corruption, racism, media spectacles, and the Kardashian family. Even today, this kind of spectacle would check all the right boxes to become a total media shit storm.

There are so many aspects of the murder trial, the aftermath, the media circus, and the tenuous relationship O.J. Simpson had with his ex-wife, Nichole, that I could highlight. In every case, there are elements to that story that are both unsexy and controversial, dividing and enraging people of every opinion.

However, there’s only one part I want to single out for this particular post. It’s probably going to upset more people than most. I might even get some hate for it. That said, it’s one of those hard truths that needs to be said, even if it’s uncomfortable. Brace yourself because here it is.

The jury in the O.J. Simpson trial got it RIGHT.

Now, it’s my turn to brace myself. I know that opinion isn’t very popular. I also know most of the people in my own family disagree with it. I’ve talked to close relatives about it. They’re all convinced that O.J. Simpson is guilty. They all believe beyond a shadow of a doubt that O.J. brutally murdered his ex-wife and Ronald Goldman. There’s nothing anyone can say or do that can convince them otherwise.

Therein lies the problem, though. It’s one that I’ve pointed out before when I’ve talked about reasons, excuses, and the idea of excuse banking. We all like to think of ourselves as rational, logical human beings that Spock from Star Trek would get along with. In reality, we’re nothing of the sort.

Our brains don’t work through logic. Our brains can use it, but it’s only every a secondary function. Our default caveman setting is to form an irrational opinion first and then look for ways to justify it. It doesn’t matter if it’s racist, sexist, or wholly irrational. That’s how our brains work. That’s how most people look at the O.J. Simpson case.

The problem is, from a legal point of view, that our justice system does everything it can to circumvent those flaws and it’s not always good at it. There’s a reason why criminal justice reform is a major topic these days. The justice system is woefully inefficient at dealing with all crime fairly, especially those committed by minorities.

That’s part of what makes the O.J. Simpson case such an important case, but not for the reason you might think. The reason why it matters so much and why it’s such a harsh truth to digest is because the O.J. Simpson trial highlighted how the justice system is supposed to work. In a perfect world, every criminal would get the kind of legal defense that O.J. Simpson got. The fact that O.J. is black only makes the truth that much harder.

Like it or not, the O.J. Simpson trial got right one of the most important elements of our criminal justice system, at least with respect on how it’s supposed to work. It is built around the idea that a defendant is presumed innocent and must be proven guilty beyond a reasonable doubt.

It can’t just be probable that someone is guilty. It can’t just be likely either. To convict someone of a serious felony, like a double murder, it has to be beyond any reasonable doubt. That’s a very lofty standard and for good reason.

Legal systems in modern western societies emphasize ensuring guilt and not punishing the innocent. There’s a callous practical reason for that too. In a society built around a modern economy, we can’t have the state throwing innocent people in prisons who could otherwise be working and contributing. That’s why if someone is accused of a crime, the system has to make damn sure that they’re guilty.

In O.J. Simpson’s case, and I know this is going to make a lot of people gnash their teeth on a cinder-block, there was reasonable doubt. Pretty much all the evidence against O.J. was either circumstantial or hearsay. On top of that, the LAPD had a sordid history of corruption and racial bias. Police do frame suspects and innocent people do get charged with crimes they didn’t commit.

Unlike most of those innocent people, though, O.J. Simpson had access to the best legal help that money could buy. Those men might be despised now for defending O.J. However, there’s no getting around it. They did their jobs. They did exactly what a lawyer is supposed to do.

They revealed the reasonable doubt surrounding the case and, as upsetting as it might have been, there was reasonable doubt. The blood evidence was immense, but so was the evidence of improper handling and corruption from the officers involved. There are a great many theories as to what actually happened, but that doesn’t matter in the end.

The mere presence of that doubt meant that the jury did the right thing in acquitting O.J. Simpson. It’s a painful truth, especially to the families of Nichole Brown Simpson and Ronald Goldman. Their story will always be the biggest tragedy of the O.J. Simpson case. However, as hard as it is to accept, the justice system was right in this case.

There’s so much more to the O.J. Simpson story that I could talk about. I’m going to avoid it because any discussion about this case is bound to trigger all sorts of anger and outrage. If you want to hear more about this topic, including O.J. Simpson, check out the Unpopular Opinion podcast. They’re usually pretty balanced and pretty funny as well.

Short of a confession, complete with photographs and a bloody knife, we’ll never know what happened in the O.J. Simpson case. It’s that inability to truly know that’s the hardest to accept. Our caveman brains just can’t deal with that kind of uncertainty so we cling to our opinions and excuses.

Personally, I think it’s likely that O.J. did murder his ex-wife and Ron Goldman. At the very least, I think he had something to do with it. However, I don’t know all the facts. Nobody knows all the facts. That’s why, in the context of justice, his acquittal was the right thing to do.

It’s for that very reason, though, that we need a justice system that works around that. We, as a people, are at the mercy of our caveman brains and its inability to use logic properly. That’s the biggest challenge of our justice system, having to deal with all these shortcomings. It’s not perfect. For the O.J. Simpson case, at least, we see first-hand how it’s supposed to work, even if we don’t like the outcome.

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