It has always been true that wealthy people get more of
their way in human courts. Likewise, no
matter the system of jurisprudence, there is a tendency for the players in the
court systems to view justice more as game theory than as a real determination
of right and wrong. But I wonder if we
are moving further and further away from justice and more and more toward the
judicial system as an elaborate game.
More to the point, I wonder if people actually can buy their
own justice. No, no, no, I’m not talking
about bribes and pay offs. What I’m
talking about is that a wealthy person can buy an excellent lawyer who knows
very well how to play the sophisticated game, while a poorer person cannot
afford such excellence. When the “game”
(or trial) is played, let’s face it—some are better at it than others. And it appears that real justice, real fact
finding is not the goal. The goal is to
“win.”
Let me suggest a few examples which have caught my eye and
have given me reason for this concern.
--O.J. Simpson hired a dream team of lawyers for his trial
for the murder of his wife. F. Lee
Bailey, Johnnie Cochran, Robert Kardashian (whose daughters are now even more famous), and Robert Shapiro (cofounder of LegalZoom) enabled the erstwhile
running back to be declared not guilty of murder. His attorneys did an amazing job of jury
selection and of trial execution. And
O.J. paid a lot of money for their defense.
Fast forward a few years, O.J., now a much poorer fellow, comes against
a wrongful death lawsuit and later robbery charges for stealing his own
memorabilia. O.J. does not have the
money for the high powered lawyer team.
He loses both cases and is now incarcerated at Lovelock Correctional
Center (interesting name for a prison!) in Nevada.
--Rod Blagojevich hired the lawyer, Sam Adam Jr. (the same
attorney who successfully got R&B performer R. Kelly off of 14 counts of
having sex with a minor) in defense against federal corruption charges. His attorney played the game well, and a hung
jury was the result. However, Blago was
out of money; the feds knew that and retried the case. This time, with lesser lawyers, Blago was
sentenced to 15 years in federal prison.
--John Edwards was recently tried on charges that he
violated federal election laws in getting money from a supporter to fund the
needs and lifestyle of his mistress with whom he had a child. Edwards’ attorneys, Abbe D. Lowell of
Chadbourne & Parke and Allison O. Van Laningham and Alan W. Duncan of Smith
Moore Leatherwood, are among the best that money can buy, for Edwards is a very
wealthy man. This trial, too, ended in a
hung jury. However, because the feds
knew that Edwards could pony up the money for yet another trial, they chose not
to refile charges against Edwards.
--Roger Clemens, famed former major league pitcher, was
recently tried for lying to Congress when he testified in hearings on
performance enhancing drugs. The first
trial was declared a mistrial because of prosecutorial misconduct. The second trial, just concluded, resulted in
Clemens being declared innocent on all charges.
Clemens was represented by Rusty Hardin of Rusty Hardin and Associates,
a very good and very expensive Houston attorney. Word is that Clemens paid in the neighborhood
of $3 million for his defense.
Now my concern has nothing to do with innocence or guilt of
any of these figures. It may be that
true justice was done in all cases.
However, I simply want to ask a question—does a person get the justice
that they can pay for in America? It may
have always been true that getting a better lawyer gets you better “justice,”
but I fear that we are increasingly headed to a place where the wealthy can get
what they want in court because they have extremely skilled game players. This will result in a diminished respect for
the law in our culture.
If you are still reading, good for you because this leads me
to my real point! My real point is that
this world is not our home. If you want
“real” justice that is not dependent on how much you can pay an attorney, you
are living in the wrong world. God, for
His own good purpose, has ordained that this present world be uneven in terms
of justice. See how the prophet Habakkuk
agonizes over this truth:
1:2 O
Lord, how long shall I cry for help,
and
you will not hear?
Or cry to you “Violence!”
and
you will not save?
3 Why do you make me see iniquity,
and
why do you idly look at wrong?
Destruction and violence are before me;
strife
and contention arise.
4 So the law is paralyzed,
and
justice never goes forth.
For the wicked surround the righteous;
so
justice goes forth perverted.
Isaiah 59 affirms that we will be
frustrated by “justice” on this earth:
The way of
peace they do not know,
and
there is no justice in their paths;
they have made their roads crooked;
no
one who treads on them knows peace.
Therefore
justice is far from us,
and
righteousness does not overtake us;
we hope for light, and behold, darkness,
and
for brightness, but we walk in gloom.
We grope for the wall like the blind;
we
grope like those who have no eyes;
we stumble at noon as in the twilight,
among those in full vigor we are like dead men.
We all
growl like bears;
we
moan and moan like doves;
we hope for justice, but there is none;
for
salvation, but it is far from us.
Justice is
turned back,
and
righteousness stands far away;
for truth has stumbled in the public squares,
and
uprightness cannot enter.
Truth is lacking,
and
he who departs from evil makes himself a prey.
Happily, for the believer in Jesus Christ, the injustice of
this world will be overturned by our coming King Jesus. Note how Isaiah 59 continues:
The Lord saw it, and it displeased him
that
there was no justice.
16 He saw that there was no man,
and
wondered that there was no one to intercede;
then his own arm brought him salvation,
and
his righteousness upheld him.
He put on
righteousness as a breastplate,
and
a helmet of salvation on his head;
he put on garments of vengeance for clothing,
and
wrapped himself in zeal as a cloak.
18 According to their deeds, so will he
repay,
wrath
to his adversaries, repayment to his enemies;
to
the coastlands he will render repayment.
19 So they shall fear the name of the Lord from the west,
and
his glory from the rising of the sun;
for he will come like a rushing stream,
which
the wind of the Lord drives.
20 “And a Redeemer will come to Zion,
to
those in Jacob who turn from transgression,” declares the Lord.
Don’t you love it?
God sees that no one on earth can intercede for perfect justice, so He
comes Himself. He straps on
righteousness as a breastplate and the helmet of salvation on His head. And He will be the perfect judge. The doctrine of the Trinity is wonderfully, mysteriously at work here, which would be great fodder for yet another blogpost!
Jeremiah 23:5 “Behold, the days are coming, declares the
LORD, when I will raise up for David a righteous Branch, and he shall reign as
king and deal wisely, and shall execute justice
and righteousness in the land.
What is wonderful for the believer in Christ is that this
judge, because of the doctrine of the Trinity, is also our attorney. He defends
us:
1 John 3:2 My little
children, I am writing these things to you so that you may not sin. But if
anyone does sin, we have an advocate
with the Father, Jesus Christ the righteous.
And, wonder of wonders, God is both our vindicating judge and our interceding advocate because in the person of Jesus Christ, He also paid the
penalty, took our judgment. And for
that, there is no distinction of race, of wealth, of earthly status. There is only this—are you saved by grace
through faith in Jesus Christ?
Romans 3:21-26 But now the righteousness of God has been
manifested apart from the law, although the Law and the Prophets bear witness
to it— 22 the righteousness of God
through faith in Jesus Christ for all who believe. For there is no distinction:
23 for all have sinned and fall short of the
glory of God, 24 and are justified by
his grace as a gift, through the redemption that is in Christ Jesus, 25 whom God put forward as a propitiation by his
blood, to be received by faith. This was to show God's righteousness, because
in his divine forbearance he had passed over former sins. 26 It was to show his righteousness at the present
time, so that he might be just and the justifier of the one who has faith in
Jesus.
As we move further away from biblical
absolutes in our culture, the more that our judicial system is subject to
manipulation, the influence of high priced lawyers and gaming. The court of heaven is not so. The Judge of all the earth will do right. Do you have the Right Man on your side? If so, the perversion of justice now will bother you, but not too much. Rather,
heaven and the return to earth of the rightful King become all the sweeter. Even so, come Lord Jesus!
Scott Boerckel