Rethinking Justice

As I sit here this week, one week from the college graduation for our first class of IT certification students, during the same week this nation celebrated a national holiday to honor an icon of the civil rights movement, I thought of Dr. King’s prescient words, “Law and order exist for the purpose of establishing justice and when they fail in this purpose they become dangerously structured dams that block the flow of social progress.”  Powerful words; words that should give every American, every Virginian pause, and decide “is it time we rethink our view of justice?”

Early last week former Mississippi Governor Haley Barbour was viciously berated in the media and by political opponents for issuing executive pardons to “murderers and rapists” on his last day in office.  The fact that the U.S. Constitution gives the president and the Mississippi Constitution (and Virginia’s as well) gives the governor the power to modify, amend, or commute any sentence, any conviction, was lost on the critics.  The fact that 189 of the 215 felons pardoned were already out of prison and living in their communities was also lost on the critics.

News pundits blathered on and on misstating facts to suit their ratings drive.

Barbour refused to be baited into the debate.  Instead, he released a statement.  In part, it said the following:

“I am very comfortable with the decisions I made…All this is consistent with the powers given the governor by our constitution…

 My wife and I are evangelical Christians.  Most Mississippians profess to be Christian of some type.  Christianity teaches us forgiveness and second chances.  I believe in second chances and I try hard to be forgiving.   The historic power of gubernatorial clemency is rooted in the Christian idea of giving second chances.  I’m not saying I’ll be perfect, that no one who received clemency will ever do anything wrong.  I’m not infallible, and no one else is.  But I’m very comfortable and totally at peace with these pardons.”

Haley Barbour, a conservative Republican Governor from the heart of the old South made such a simple yet profound case for justice, real justice.  Governor McDonnell would do well to heed the words of Dr. King and Mr. Barbour.  Unfortunately, Virginia’s Governor appears either incapable or unwilling to do what is right.

In a recent story in the Washington Post, Virginia DOC came under scrutiny for its use of solitary confinement.  The Post reported that 44 states and the Federal Bureau of Prisons use solitary confinement yet Virginia – holding almost 2,000 inmates of its 40,000 prisoner population in isolation – accounts for a “sizeable share of the estimated 25,000 people in solitary” around the nation (almost 10%).

And what was Governor McDonnell’s response when this issue was brought to his attention during a recent interview?  He said he was unaware of the complaints.

He then went further, stating “People behind bars have civil rights…”  That’s true, Governor McDonnell.  Yet the prison system you oversee daily violates the rights of those behind bars.  Justice is not an eye for an eye.  Justice does not mean giving the state the power to put an offender in a gladiatorial nightmare with rape, extortion, murder and mayhem circulating around.

As I have noted numerous times in this blog, Virginia’s prison system is a cataclysmic failure.  Justice demands something better. 

Justice it seems is coming to Georgia where its current Governor has proposed sweeping prison reform.

Governor Deal, another Republican, noted that Georgia now spends more than $1 billion a year on state prisons and has seen its inmate population double in the past 20 years (sound familiar, Virginia?).  The state, he argues simply cannot afford to keep the current sentencing regime.  “We’re at a point in time where the necessity for doing something has gotten so big that to turn our head and pretend the problem does not exist is not responsible government.”  I wonder if Governor McDonnell is listening.

In a commission study conducted on behalf of Governor Deal it was found that in Georgia, 60% of the prison admissions represented drug and property offenders; not murderers, rapists or armed robbers.  Simply put, public safety isn’t being enhanced by current sentencing.

The Georgia legislature will vote on changes to save money by using alternatives to prison for non-violent offenders.  Make non-violent offenders accountable but allow them to remain out of prison, taking care of their kids and paying their taxes.  Justice, it appears, is coming to Georgia.

All around the South – South and North Carolina, Kentucky, Texas, Mississippi and Georgia – conservatives, many who are evangelical Christians, are leading the push for a new justice paradigm.  And these politicians’ ranks are growing with GOP candidate Newt Gingrich and former Florida Governor Jeb Bush supporting massive prison overhaul.  And where is Governor McDonnell?  Where is Virginia in this debate?

President Obama recently made news with his last official act in 2011 – signing the National Defense Authorization Act.  This law contains a highly controversial, and suspect, clause which allows the military to indefinitely detain terror suspects, including American citizens arrested in the United States, without charge.

Two retired four-star Marine generals joined GOP Candidate Ron Paul and numerous civil rights organizations to denounce the law, deeming it “misguided and unnecessary” and a threat to America’s constitutionally protected right to due process.  Justice.  The founding fathers included terms such as due process having survived a tyrannical regime who used arrest and detention to stifle dissent.  Protections against unreasonable searches, cruel and inhumane punishment, and the right to trial with counsel, all arose because these men lived, bled and died under the thumb of a corrupt, unjust government.

That some 225 years later this nation must still debate issues of basic, fundamental justice is indeed astounding.  “Injustice anywhere is a threat to justice everywhere.”  Dr. King knew well.  The time for rethinking justice is upon us.  Justice – mercy, forgiveness – must flow.

Bob Dylan was right.  The times, they are a changin.  Virginia and Governor McDonnell can lead like Governors Barbour and Deal and states like Georgia and Mississippi.  Justice is not mere enforcement of harsh laws.