Thursday, June 9, 2011

WITH LIBERTY AND JUSTICE FOR ALL INCLUDING CASEY ANTHONY?


The American Pledge of Allegiance ends with the familiar phrase “with liberty and justice for all.” We all recite this pledge automatically, as we were taught in childhood. But, does anyone anymore really think of the meaning of these words, or have they become just words?

On a recent telecast, Nancy Grace, the argumentative news commentator, spoke of seeking justice for the dead toddler, Caylee Anthony. Then, she proceeded to lament the presence of a juror in the murder trial of the dead child’s young mother, who appears behaviorally to have doubts about the prosecution's case. She labeled this juror as a "nut job" who could prevent "justice" for Caylee. One has to question the meaning of "justice" in Grace's mind.

Is not our legal system based on the presumption of innocence of the accused?  It is not beholden on the prosecution to prove guilt beyond a reasonable doubt?  Thus, is not the doubt of the outlying juror to be respected, not vilified to further Grace’s agenda?  Is this not what "justice" is all about?  Justice is for everyone or it is for no one. Grace's emotional sentimentality has clouded her judgment and she is serving as a firebrand, stirring up emotions in the public, especially in women, by playing to their maternal instincts, doubts, and personal tragedies.

The sad thing about this whole sordid and tragic media circus is that it speaks volumes about where this nation has come. Many people are inclined to rush to an emotional judgment that cuts to the core of our Republic and all for which it stands. They, like Nancy Grace, are willing to sacrifice one human being and the core principles of our Republic so that they can promote their cause or personal agenda. Grace wants to see justice done for the child. Though she is arguably the worst in her demagoguery, she is not alone. tinually, other commentators in the media play upon emotions, speaking about justice for "little Caylee."  But, is it not simply justice (read retribution) for the child and not truly liberty and justice for all?  Wouldn't miscarriage of justice in the case of Casey Anthony be miscarriage of justice for Caylee?

We need continually to remind ourselves that it is the truth that is important, not the "truth" as we are inclined emotionally to see it. The Anthony family situation is so complex and convoluted and our information so limited regarding the actual circumstances and cause of death that anything is possible. There is no direct evidence tying Casey to her daughter’s death and certainly no direct evidence of murder. There are many possible scenarios and explanations for the circumstantial evidence which the prosecution has presented. A number of people have uniformly observed, both in and out of court, that Casey was a doting mother in many respects when she was seen with her child. This doesn’t mean that she was, by any means “a good mother,” but there is certainly evidence that she had a relationship with her daughter that was inconsistent with being a murderess.

Yesterday, the prosecution presented evidence of the searches performed from Casey’s computer. There were some incongruous items included with the chloroform searches that seemed to suggest that it was a young male who entered the search terms or at least one who thought like a young male, viz., self-defense, hand-to-hand combat, as well as other terms such as internal bleeding, chest trauma, ruptured spleen, head injuries, all of which might be of interest to someone who was fascinated with the potential damage to an adversary which could be inflicted using some form of martial arts.

We need, as former talk show host, Larry King, said in a recent interview with Piers Morgan, to withhold judgment until the whole trial plays out, i.e., until the defense presents its case. And, I would add that we need to respect the judicial process which requires that a jury verdict be unanimous and not be maligning jurors who don’t appear to go along with the crowd. As King said, the media has already tried and convicted Casey. He was unwilling to go along with this mob frenzy, and for this I applaud him.

If the general public is so quick to throw away the presumption of innocence until proven guilty in the case of a person so uniformly disliked as Casey Anthony, thus dispensing with both liberty and justice, then should we be at all surprised that these same people are not distressed when their representatives in Congress or the Executive Branch throw away liberty and justice in bending the Constitution’s commerce and general welfare causes to suit their personal agendas or those of the lobbyists who “buy” their votes.

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