Deeper Justice
Injustice in the name of justice is no justice at all.
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Deeper justice v. adversarial judiciary
Justice is more than a matter of law. Laws exist to serve the needs of justice. Whose justice needs are best served by our judicial laws? Who is best served by how they are enforced? If some are better served than others, why call it justice?
Human needs predate the laws we draft to compel each other to address them.
Without accountability to outcomes and impacts, adversarial justice trends needlessly being divisive.
Deeper justice stems from need-response, applying the new social science of anankelogy for understanding justice and other needs.
Power distortions
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IPM
Avoidant injustice in 3 steps
Adversarial judiciary in 3 steps
Conciliatory justice in 3 steps
Adjudication outcomes
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Join us on our Facebook group The Unexonerated.
Culprits of pain, of trauma
To identify and address all the needs on all affected sides
To bridge the need for public safety with justice needs
Conviction quality
The adversarial judicial process seeks a binary outcome: guilty or not guilty. Based primarily upon persuasive arguments, this win-lose outcome tends to be empirically divorced from the justice needs it ostensibly serves. Oversimplifying the consequences of interpersonal violence as a matter of impersonal law grossly ignores the depths of reality.
Deeper justice counters with an empirically based degree of certainty of culpability to misconduct of all involved.
process
details
context
determination
conflict outcome
justice needs
victim trauma
Conviction finality
To clear cases and provide closure for victims
Conviction integrity
To prevent, identify and remedy wrongful convictions
Conviction quality
To qualify every conviction to ensure all needs are met
public cannot track adversarial process
public still shut out of adversarial process
public invited to engage in process
guilty or acquittal
basis for guilt or acquittal
minutia behind each allegation
avoid overloading system by concluding every case
limit review to exceptional cases
qualify every conviction and address every affected need
conclude guilt or acquittal without degree of complicity
guilt or acquittal without degree of complicity
identify any degree of complicity in acts of violence
court battle: winner take all, loser suffers in pain
review: winner take all, loser suffers more pain
responsibly resolve all needs on all affected sides
ease justice needs for winning side of conflict
ease justice needs for winning side at losing side's expense
resolve justice needs on all sides of conflict
alleviating trauma does not get to the core causes
alleviating trauma tends to perpetuate its pain
resolving all needs removes cause for trauma
Competitive legitimacy
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benefits from sustained crime; self-sorting; incentives; stereotypes; prejudice; remedy WC causes; divisivism
UNEXONERATED
For the wrongly convicted adjudicatated population underserved by the legal-judicial process
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OVER-ADJUDICATED
For the adjudicated population overcharged
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UNDER-CARED
For the adjudicated population in need of responsive mental health services
The incarceration of those suffering mental health challenges often starts with a wellness check. Their behavior spins out of control. A family member calls 911. An officer shows up at their door.
Instead of arriving with desperately needed care, the officer typically identifies violations of criminal law. Although deep in a mental health crisis, the officer typically prioritizes the safety of others.
OVER-SENTENCED
For the adjudicatate population
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OVER-LOOKED
For the adjudicated population who reported being victimized by someone, then victimized by the process they trusted
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PERIPHERAL
For family and friends of the adjudicated population whose affected needs receive little to no attention
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COLLATERAL
For those negatively impacted by the indiscrimate adjudication of someone they dependended upon
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IMMIGRANT
For the adjudicatate population
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WAR ON TERROR
For the adjudicatate population
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WAR ON DRUGS
For the adjudicatate population
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REMEDY in 3 stages
