Faithfully yours - Lessons from Dallas and Baton Rouge, Part Two

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Published on Saturday, August 6, 2016

By Neil Strohschein

Neepawa Banner

In last week’s column, I shared some thoughts on the first of three things that must be present if we are to have a legal system in which everyone is granted equal justice under the law.

I suggested at that time that the laws themselves must be just. They must contain clear standards of right and wrong that apply to all people equally. We must close the legal loopholes that allow guilty persons to avoid punishment on technicalities; and the law must promote respect for life, respect for authority, respect for private property and for existing human relationships.

A just legal code is the foundation upon which the other two characteristics are built.

The second trait is this—those who enforce the law must be people of integrity. That applies equally to the police, to those who assist them in criminal investigations, to the prosecutors and defense attorneys who argue the cases in court and to the judges who hear the evidence, render verdicts (with or without the help of a jury) and ultimately pass sentences.

Every investigation and every trial must focus on one thing—getting to the truth. To that end, every piece of evidence collected at the scene of a crime, every observation made during an autopsy, every word spoken in a pre-trial interview or during an interrogation session with police and every word of testimony given during a trial is important. It may not seem so at times, but it is—and ultimately it will need to be weighed on its own merits.

In addition to what I’ve already stated, those who enforce the law must be like the law itself. The law is blind to the things that divide us. The law shows no favoritism based on race, color, religious beliefs, economic status, social status or lifestyle choice. Those who enforce the law must also put aside any biases or prejudices they may have and apply the law equally to all.

In the eyes of the law, there are only two kinds of people—those who obey the law and those who don’t. The role of law enforcement is simple—identify those who break the law, reveal how they have done it and assess an appropriate punishment.

Then, the punishments imposed on law breakers must fit the crimes they have committed. In our society, we allow the people to decide on the appropriate punishments. We do that through our elected representatives in Ottawa, in Winnipeg and on our local municipal councils. Then we leave it up to the judges who preside in court to decide on the appropriate punishment for each case that is brought before them. And as they do so, we expect them to act within the limits imposed on them by the law itself.

As long as these guidelines are followed, the legal system is able to do what it was designed to do—punish the guilty and protect the innocent.

But some will argue that everything I’ve described has been part of Canada’s justice system since Confederation. On paper, yes. I agree. But we will always have those who will commit criminal acts believing, as they commit them, that the law is flawed, that they are right and that they will be able to get away with what they plan to do. In the face of this reality, we must stand in solidarity with those who enforce the law and pray that they will be protected from harm and be able to discharge their duties with courage, dignity and respect for all.