An imperfect but moral justice system
CRITICIZING the justice system in a democratic society is easy, but contemplating the alternative should remind us of how lucky we are to live in such a society. For starters, you cannot criticize the system in an authoritarian regime. You cannot question how justice is dispensed, if at all, or even how it is defined. Many of the accused are presumed guilty until proven otherwise. The rules are arbitrary. And their implementation depends on the mood of the rulers, who can never be wrong.
To be sure, the justice system in a democratic society can be abused; but the alternative is an abusive system.
In the CNMI, which is under the American flag, the rule of law is the rule of the land. There is due process, which some say is “expensive” or even “time consuming,” without realizing that the alternative — as the history of humanity has shown — is far more costly as it usually results in trumped-up charges, arbitrary arrest and detention, a rush to judgment, disproportionate punishment, summary executions, repression, oppression.
In a democracy like the CNMI, anyone accused of committing a crime can and is likely to be charged in a court of law: be they local residents, tourists, guest workers, illegal aliens, unemployed, rich, the governor, the lt. governor, cabinet members, lawmakers or other government officials, including law enforcers themselves.
Everyone has the same rights and protections under the law. Everyone has the right to a fair hearing and a fair trial. Everyone can expect that their case will be decided on its merits alone. Court decisions, moreover, can be appealed, and the justice system is transparent. Members of the public have access to information about the law and how it is being applied. As voters, they can participate in the process of making and enforcing the law — and even in retaining or not their justices and judges.
As usual in most democratic societies, what we take for granted is envied by many in the world.
What we’re up against
IN July 2021, during a parole board meeting, a parole applicant was asked if he ever sought counseling for his drug addiction while serving his prison sentence. The inmate replied, “How can I seek help when even…in [prison] there are a lot of drugs?”
The chief prosecutor at the time said a bill pending in the Legislature would make possession of contraband illegal, and would help prosecute anyone who helps a person bring drugs into Corrections.
The latest version of the bill is now law, and the new Corrections commissioner said he is “deeply committed” to its implementation. Right on.
As with many other persistent problems in the CNMI, prison contraband is also a major issue in other territories, the states themselves and developed nations such as Canada where drug-smuggling drones are rampant in prisons, according to the Canadian Broadcasting Corporation.
In June 2023, the U.S. Justice Department’s National Institute of Justice stated that “[e]very day, correctional facilities face formidable threats from contraband such as illicit weapons, drugs, and cell phones.”
An online article posted by Marshall Project, a nonpartisan, nonprofit news organization, is titled, “Texas Prisons Stopped In-Person Visits and Limited Mail. Drugs Got in Anyway.” Says another article, “The War on Drugs Isn’t Even Working in Prison.”
Zoukis Consulting Group, a federal prison consulting team, stated:
“In every prison system across the [U.S.] drugs are smuggled in by inmates and guards alike, and alcohol is brewed somewhere within the facility…. This is what happens when you lock up people who are addicted to drugs and alcohol. Alcohol and drugs find their way into prison.”
