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IS EQUALITY BEFORE JUSTICE A REAL THING?

“In its majestic equality, the law forbids rich and poor alike to sleep under bridges,
beg in the streets and steal loaves of bread” (Anatole France)

Regardless of the majestic sentiments outlined in our famous quote, the answer is a
firm and rather painful ‘’no’’, if we are discussing the effective, real life situations. The answer
becomes a shaky, tentative ‘’not entirely’’, when we are discussing the merits of the letter of the law
and its intended purpose to ensure order and peace. The answer may become a fragile ‘’yes’’, once
we lift our discussions into the lofty heights of noble ideals as the laws are originally created to
order our unruly ranks and place a semblance of hope at the end of our existence. We must look at
this question from two perspectives: what part of the world are we referring to and what is the
nature of the offence given/received?
If we are discussing justice in the so called “Third World”, it is literally unreachable
for the majority of the population having the misfortune to live in that part of the world. In India,
for example, the casts which are supposedly eradicated from the modern society, still reflect in the
material position of the person in question, her/his wealth, education and even social rank. The
rich literally “get away with murder” in a dishearteningly large percentage and only increasing
number of popular responses to violent crimes and rape-culture which are taking place, result in
apprehension of the guilty parties and even their execution by the masses. Now, if we are
discussing a similar case or a situation in the countries of the “West”, for example, Scandinavia, the
situation differs largely and starts to resemble the lofty ideals of impartial justice. Equality before
the law is no longer merely a creed as it is insisted upon by voters – the mightiest of all “little
people” and defended by the media, the self-imposed protector of justice. So, in Denmark or
Norway, a judge will promptly become the accused and dishonored if he/she rules in favor of the
rich purely based on the persons largesse in disregard of the facts. The same applies to almost all
the countries of the developed world with notable exceptions of the United States, which becomes
an almost comical opposite of all their ideals built into the fabled Constitution. This, I believe,
concludes the thesis about the location-specific chances to getting justice which boils down to –
unless you live in the developed countries, no justice available today and even then – better be rich
to be able to afford a competent, highly professional lawyer.
What is the nature of the offence given/received?
This is where the religion, race, ethnic and social mores and political views come to the fore.
In Afghanistan, stoning of women for marital infidelity is a common occurrence. Pakistan comes to
a close second in these barbaric and unjust punishments while the entire Middle East is a theater-
noir where news crews are filming these abhorrent situations almost weekly.
Theft? In Egypt it may cost you the hand you committed theft with but, in Sweden, a teen accused
of such crime would be sent for counselling at the expense of taxpayers. So the offence is clearly
viewed completely different in two aforementioned countries.
In Norway, when Brejvik went on a a rampage and killed 8 people with a bomb and 69 more with
automatic weapons, he got “containment” for not less than 10 years and not more than 21 years in
prison. In China, the law gets to be more specific and, if found guilty of murder, the murder is
summarily executed. The trials are legally required to be short, precise and without mercy for the
murdered whereas until recently the family of the sentenced murdered was charged for the
expense of the execution.
Equality before justice must be possible in a modern world where
communication is lightning quick, humanity travels to the stars and life is longer and sweeter than
ever. Alas, the material position of the person standing accused or accusing will always figure in the
trials today and in the future unless we, the mankind, change.
Until equality before justice becomes a real thing, we must strive to make it possible and live
according to the creed painted below the Statue of Liberty:

“Give me your tired, your poor, your huddled masses yearning to breathe free.”

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