The definition of justice seems to be personal to each of us. Often on the tv news after a court case, the reporters will interview family of the victim who will make statements about whether "justice" has been done. No matter how long a murderer might be locked up in jail, some family believe that "justice" has not been done because the murderer is still alive whereas the victim is dead. In other cases family believe that a long prison term means "justice" has been done.
In our society if a person is charged by the police with offending, we often believe that the person must be guilty of offending or the charges wouldn't have been laid. Until it happens to us. There are many people who have been found guilty of crimes and put in prison or punished, when they were actually innocent. An example is Lindy Chamberlain who was imprisoned for murdering her baby Azariah. Later it was found that a dingo had taken the baby. At the time when she was found guilty, many people thought "justice" had been done. She spent several years in jail. Was that justice?
After the second world war, the Nuremberg trials were held for several high ranking members of the Nazi government including Herman Goering who was head of the German Luftwaffe (airforce). Goering stated that this was victor's justice. If the Germans had won the war, then it might have been high ranking members of the allied governments that might have been put on trial and accused of war crimes. Justice is a matter of perception.
Is it just for a man to have his means of earning a living taken away from him and for him not to receive $80,000 of income earnt by him, before he had been charged with anything at all? Is it just for him to have his name slandered in public in inaccurate newspaper reports? Is it just for the police to contact his employer to try to make him unemployed when this had nothing whatever to do with their charges? Is it just for the police to try to poison his personal relationships? Is it just for him to have his money taken away? All of this happened to a man before the charges even went to court.
This is an example of the Australian Injustice System. Our society trumpets the mantra "innocent until proven guilty", but in practice it is "guilty until proven innocent". What if this man successfully defends himself against all of the charges? He won't get his business back or his $80,000 or his reputation from all those who believed the inaccurate newspaper reports or the job the police lost for him or the money he spent in attending court in another state. Is this justice?
I have been to court many times as a lawyer and I truly believe that it would be far better for people to stay out of court. I have seen many people get into the witness box and swear to tell the truth and then lie their heads off. I have seen Judges believe well dressed liars and disbelieve not so well dressed truth tellers. Terrible and unjust decisions have been and still are being made by courts. People commit dreadful crimes and then get lenient penalties because of their bad childhood or their drug dependency or something else. What about the man who was bashed in front of his family in a road rage attack? What about his children who had to witness this crime against their most loved father? What about the wife as she watched helplessly while in the car with the children? What would be justice for them?
The Judge is just a human being with feelings and needs and prejudices just like the rest of us. Sometimes good decisions are made. Sometimes the law is upheld. Often decisions are made according to their feelings and then justified by the law.
If you want to win your case, don't go to court. Try to settle before it gets to court. Even really wealthy people who can afford the top notch lawyers don't always win. There are many people in jail who are innocent. What is justice for them? Can the years taken from them in prison be given back to them?
What is justice for me may not be justice for you.
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