The Criminal Justice System is for Sale

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One major goal of the American criminal justice is to provide the right balance between the burden on the prosecution and the defense. The U.S. has a presumption of innocence and a requirement that the prosecution prove guilt beyond a reasonable doubt. We have juries, and the vote for a guilty verdict must be unanimous. Overall this balance is uniquely pro-defendant. By contrast, even democratic France is pro-prosecution.

Now, President Trump and his minions are changing the American rule of law to make it even more pro-defendant, but for the wrong reasons and in the wrong way. We now have a quid pro criminal justice system. Those who pay enough money, or contribute otherwise, to the Trump machine receive favors, pardons dropped prosecutions, or reversals where the government appeals on their side. These are generally rich people, not poor. The troubling pardon list is growing.

We have long had a skewed system but it was usually based on harsh social realities for the poor, not gratuitous rewards for rich cronies. It is common knowledge that a poor person is more likely to get the death penalty than someone wealthy, for the same crime. The poor person, often a minority, will also frequently be portrayed as having a bad reputation, and their lack of wealth will be viewed as lack of character.

Now, however, there is no pretense. Trump is openly and shamelessly supporting the already favored group (and his violent January 6 allies). So the poor are even worse off. And Trump’s minions are not rocket scientists. Kristi Noem, Homeland Guru, has no clue about habeas corpus. The Secretary of Defense has a record of bad sexual and drinking behavior. And don't let him near Signal. Such characters never would have gotten their positions in any prior (non-Trump) administration.

But misconduct and stupidity don’t matter if you kiss the ring. There is evidence from abroad that the U.S. has lost its position of soft power and moral bona fides regarding its democracy. Indeed even Trump doubts our elections. But here, these troubling criminal justice abuses just make our system stand out as “for sale.”

-- Mark Kende