“With your expertise with words, why didn’t you become a lawyer?”
I’ve been asked that question often and the answer is simple. But first, let’s review the historical American judicial concept.
- Innocent until proven guilty. The first reference I could find to that phrase is from the Law Reports of the Supreme Court of Ohio in 1835 that says, “The law presumes all innocent of crime until proven guilty.” Americans wanted to prevent rule by emotion and/or prejudice. And the 14th Amendment of the US Constitution (1868) grants all citizens – including former slaves – equal protection of the laws. We wanted to assure that ALL American citizens were treated equally and fairly.
- Everyone gets a fair trial. Governments in the old countries gave preferential treatment to nobility and wealthy people. But we’ve declared that a defendant will be tried by jury consisting of peers in the same locale who desire truth to prevail. This fair-trial principle assures that time is permitted to gather evidence, that truth-seeking lawyers are available to represent both sides, and for justice to prevail.
- Justice will prevail. Whether by judge or jury, we want the innocent to be free from any legal retribution, to receive adequate restitution, and the guilty to face the consequences of his/her crime. Justice is the administration of law, the determination of right and wrong according to a standard of truth. And a standard is not variable; it is solid, fixed, immovable.
A legal standard assures equality in the three points listed above because it downplays emotion and over-rides prejudice.
Now let’s review current practices within our judicial system.
Lawyers play games with both defendants and victims. While it is true that a defendant should be represented by a legally astute person (lawyer), the defending lawyers often cover up truth in an attempt to prove the person is innocent. This is intentional. They are trying to do their job. Also, the prosecuting lawyers tend to go overboard in demonizing the defendant in order to gain the greatest ruling for his/her client. On both sides, truth is not the issue: word games are employed and winning the case is the prize.
In order to play the game adequately, the standard of law is set aside. Defendants are often tried outside the locale in which the crime was committed; and as much as possible, jurors are chosen if they know nothing of the case, then are told how they must judge. In other words, jurors are often not free to judge according to the crime.
Sometimes as the defending attorney sees that he is losing the case, he will employ the procedural rule: You missed this step or the police did that wrong, therefore, my client should go free. Other times the the lawyers intentionally make either the accused or the accuser the target of the judicial system.
What happened to the standard of law? Or, you may ask, what IS the standard of law?
A legal standard is a code that is a systematic and comprehensive statement of laws. The code of Hammurabi dating back to 1755 BC is one of the oldest. The Ten Commandments were given to Moses around 1450 BC, and these are foundational to the Bible. The Roman Empire based their law on the Law of the Twelve Tables of 451 BC (Lex XII Tabularum). Of course, every empire and major nation had or has their legal code.
The United States of America based our legal system on the Bible. It is a Judeo-Christian system with overtones of Hammurabi, Greece, Rome, and England intertwined. And we thrived as a nation as long as we lived by that standard.
Why didn’t I become a lawyer? Our judicial system is no longer based on the standard of law, but flounders on the floating quagmire of relativism and argumentation. Truth is not the focus and is often ignored in the fight to win the case. I strongly reject that judicial farce.
To further complicate matters, morality is also set aside. Right and wrong are decided on the prevailing winds of relativism – not on Hammurabi, the Ten Commandments, The Twelve Tables, or the Holy Bible. Men and women (judges and Congress) over-ride the standard – the Holy Word of God – but I openly establish my ethics on the Bible and on the teachings of Jesus Christ. Insisting on “the truth, the whole truth, and nothing but the truth so help me God,” I wouldn’t last long as a lawyer.
But take heart: Jesus will re-establish truth and law when He returns. And He WILL return.