Weber State College Comment, July 1987, page 4 ¢ Many British rule. But during the last two centuries the original intent of those systems--to protect the innocent from abuse--may have been betrayed. fear | Legal System Skewed ‘Against Innocent wo hundred years ago the founding fathers drafted a constitution to help protect people from the tyrannical raids and injustices practiced by their former British rulers, but those original rights now seem to protect the guilty and punish the victims. At least that is the feeling of. many, said Dr. Jean White, a Weber State political science professor speaking on the constitution to a history alliance of high school teachers. ‘‘The perception is that the criminal element is overwhelming us, that life is a jungle. The notion is that there are too many cities where good people are scared off the street, where they wonder if our system isn’t skewed to protect people who rob and rape and kill,’’ Dr. White said. Early Americans had experienced unjust detainment and questioning, had been tried for the same crime more than once, had their homes frequently searched at the whim of the British soldiers, were fined excessively, had been tortured into confessions, and were secretly tried without legal representation. To protect against those activities the first ten amendments of the constitution included prohibitions for those actions in what is now known as the Bill of Rights. The writers of the constitution had no idea what future developments — 33 The Constitution of the United States, ratified 200 years ago and celebrated in this scene by Howard Chandler Christy, outlined a legal system that protected those in the original colonies from injustices they experienced under would do to life styles in the U.S., so sieve where the guilty fall through. the document they created was general Things just don’t seem to happen,”’’ Dr. White said. enough to fit many situations. That Typically, the justice system has created the need for interpretations, or been willing to set 10 guilty people free legal precedences, to apply the conin order not to imprison one innocent, stitutional yardstick to modern life. ‘Electronic technology has greatly but many are now questioning that approach. Americans want the freedoms improved the ability of the government to intrude on you. Electronic eaves- the constitution provides, but there is a dropping can be done from across the room or across the street and the government could listen in on any con_ Americans want the versation. None of us wants to live ina freedoms the constitusociety like that, and the fourth tion provides, but there amendment’s ‘right to privacy’ clause is a growing feeling that prohibits that,’’ she said. But those same laws that protect can criminals should not be also frustrate the criminal justice allowed to twist the system. In the early days of the country system to the disadvanif a law enforcement officer violated a person’s constitutional rights in captage of society. turing a criminal it was ignored, Dr. White said. ‘‘Someone said, ‘We growing feeling that criminals should should not let the guilty go free because not be allowed to twist the system to the constable blundered.’’’ Now interpretations of the Bill of the disadvantage of society, she said. ‘In the area of criminal rights we’re Rights requires very precise actions by now saying that the ordinary citizen law enforcement officials, and if they needs protection. This is an area of big deviate, the guilty go free, and police concern,’’ Dr. White said. are open to false arrest suits. During the 19th century governmen‘‘T have police officers in my class tell me that they live in fear of false ar- tal and economic rights were given more importance by constitutional inrest cases,’’ she said. terpretation than were individual Dr. White noted that from an rights. This approach lead to. the exaverage of 500 who commit serious, ploitation of women and children in reported crimes only 100 are arrested. From that 100 only 65 are brought to the work force, for example, because the prosecutor, who accepts only 40 for of an employer’s right to make a living. The pendulum swung towards ininvestigation. Thirty-four adults from that group are brought to trial, 32 con- dividual rights during most of the 20th victed and 12 are placed on probation. century, but now, with the exception of Of the original 500 a mere 20 aré ac- a strict enforcement of the first amendment right to free speech, the trend tually imprisoned. ‘‘People feel that the system is a seems to be sliding back towards government rights, she said. But that move is not without concerns. ‘You see on the Supreme Court today nine well-educated, _ intelligent judges who have many 5-4 and 6-3 votes on issues, which tells you that the issues are complex, with no clear-cut answers,”’ she said. And criminal rights cases are just as murky. ‘‘Judges are supposed to be completely impartial, but they read the papers. They know peoples’ concerns and are sensitive,’’ she said. Conflicts arise as judges attempt to weigh the rights of the accused against the rights of victims, and at times justice is served, but society is not. But despite those problems, the legal system set up by the constitution is one of the best in history, Dr. White said. ‘“We really ought to be proud of our system,’’ she noted. ‘‘A recent report was published that rates countries for their concern for human rights, and the United States is right at the top. But believe me, it’s a pretty lonely group up there.’@ =i Tae = 2