EIF Aim #12
Twelfth and final of a dozen aims for the Estimated Innocence Form.
To correct overemphasis upon individuals by balancing focus between violent individuals and systems of violence.
Without the Estimated Innocence Form, it’s easy to assume ‘justice’ is basically holding violent individuals in custody to prevent them from acting out violently against others. This tradition stems largely from the Western value of individualism. Culturally, we impose a different standard against vulnerable individuals than we do against better resourced entities. This inherent injustice in the name of justice is arguably no justice at all.
Any injustice in the name of justice is no justice at all.
Progressives counter with greater focus on social justice and racial justice. Conservatives demand safer streets. Political leaders collude with judicial leaders to exploit the holes in each side’s generalizations. Over-adjudication and wrongful convictions easily occur from this bipartisan pact. Liberals insisting on an expanded government role collude with conservatives insisting on individual responsibility for personal choices.
While two wrongs don’t make a right, sometimes they make a law.
The EIF balances both sides with relevant specifics, to resolve justice needs and not simply serve judicial institutions trying to ease pain on one side by imposing pain on the other side. Need-response aims to resolve needs to remove cause for pain, while powerful institutions blindly use the law to preserve its status quo of dubious power to merely ease pain.
Justice is more than faulting deeds; there can be no justice without resolving underlying needs.
I go into further detail about this in my book “You NEED This: Introducing anankelogy as the study of need.” Available now on Amazon.
How can the EIF serve you?
The EIF is also for innocence litigators.
