Courts & The Judicial System
Why is it that the average person on the street often refers to the Courts and the Judicial system as the department of injustice or the injustice system? Is it because everyone gets fair treatment? Or could it be because our system is so simple and uncomplicated that anyone can get a fair day in court without the need to hire a lawyer? We are honestly selling ourselves short if we think that this version of injustice is the best we can do as intelligent human beings. We can do better. We have to do better.
Criminalizing Everyone Is Not The Answer.
It should not strike anyone as a surprise that our system of courts and law is severely flawed. I really hate to say it but we arbitrarily jail both the innocent and the guilty alike. What's even worse, is that many non violent offenders get worse and longer jail/prison terms than violent offenders. The system is: punish by making you pay and then making you pay to play if you want a decent chance at fairness.
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There are many good people working within the system trying to make it fair and just, but even they will tell you that it is severely flawed and needs to change.
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We need to:
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Fix problems with the courts to address fairness and accessibility to public defenders.
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Increase funding to hire more public defenders.
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Courts vary depending on governance. Create stability and continuity through constitutional amendment and or convention.
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Establish new rules for training of judges at all levels.
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Increase the use of community service versus other forms of punishment.
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Decriminalize all marijuana possession, mushrooms, hemp and other plants.
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Pardon all non violent marijuana offenders from jail.
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End the practice of shipping our inmates to the mainland.
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Reform our jails and prisons to be both completely transparent and humane. Ban the use of solitary confinement.
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Investigate prison abuse and why prison deaths are covered up and hold those individuals accountable.
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Build rehabilitation centers and education facilities for average non violent offenders.
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Only jail the habitually violent criminals for long terms while still focusing on humane treatment and mental rehabilitation wherever possible.
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End the practice of jailing the mentally ill and homeless.
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Those that are wrongfully arrested or are found to be innocent should not have a record that affects their job options for the rest of their life.
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When the state fails to abide by a law that they created, the law should be unenforceable until it is fixed.
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Empower lower courts to determine not just whether a person is wrong but also whether the state, police, or law is wrong and also to reimburse residents as well as damages as necessary.
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This is by no means a fully comprehensive list, but it goes without saying that in light of all the flaws in our courts and judicial processes, we have enough data, evidence, and feedback to reform our system and make it better. The attitude that we have the best system and therefore we don't need to change it, or the attitude that it's what we got and you just have to play the game because it's not going to change, has no place in a progressive society that aims to be more humane, fair and just. And in the land of aloha we need to stop just saying that word and actually apply it to all the functions of our daily lives.