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By Ralph Rewes
© 1999-2003 by Ralph Rewes (One time publication rights only)Ê
The laws that rule human behavior are obsolete, inadequate and mostly superstitious - not only in the United States, but all over the world. Still, nothing is done to reform the legal establishment in depth . No group or individual jurists, graduated from the most reputable institutions of the civilized world, have yet come up with a thorough and logical revision of jurisprudence to turn the legislative and judicial systems into scientific tools for the benefit and protection of mankind.
The imperfection of worldwide law systems results from the fact that existent laws and judicial systems are poetic creatures of religion, not practical, intelligent sets of rules, bound to protect humanity from its own inhumanity.
It is only natural that laws created out of wrong premises would end producing wrong conclusions. Furthermore, they serve as tools of extreme ideologies. Today, they are arbitrarily imposed by ruling majorities upon minorities (and vice versa) to protect selfish or fanatic interests.
THE ABSURDITY OF RULING SEXUAL BEHAVIOR
A glance at the so called sex crimes is more than enough -- for an unbiased person -- to realize the disturbing influence religious prejudice has in every major society of the globe (controlled by Christianity, Judaism, Islam or Marxism.).
Sexual functions cannot be regulated by law, the same way diets cannot be regulated by law. Still, sex is taken to court and judged as a crime. If we applied logic to sex cases, things would different. Legal age for instance is a subject in need of scientific definition.
Legal age, for the physical and psychological protection of a child should be determined individually by professionals, doctors or psychoanalysts, according to the actual mental and physical maturity of the person in question, not arbitrarily and unrealistically by preset patterns.
So called sex crimes should be considered either crimes of violence or crimes against the economy instead. For instance:
RAPE should be seen as an act of violence against an individual, male or female. This does not mean that punishment should be milder, on the contrary, punishment for similar acts of violence should be leveled to the consideration rape has been receiving.
MARRIAGE must be a contract, an economically binding document, never should it be one which forces a person to share a bed with someone, or forbid him or her to love someone else.
ADULTERY should not, therefore, be viewed as a breach of contract, unless there are economic consequences that would cripple the household. SEXUAL ORIENTATION is a matter of taste, and taste is not legislative. Only the will of the parties involved are to be considered. And when and if forced upon an individual, it should be viewed but as violent crime instead, not as sex crime.
PROSTITUTION should be regulated by economic laws.
SEX EXPLICIT (PRINTED) MATTER should be regulated by economic laws, not by censors with intolerant ideas, mainly religious ones. It is ridiculous to punish people for looking at ink patterns, of frozen reflections of lights from a nude body (that is a body in its most natural manifestation).
THE REAL CRIME IS VIOLENCE
Violence against the physical and mental entity of an individual has been widely considered a lesser crime than sex. Furthermore, sexually discriminated people (either by their sex or by their sexual orientation) have always been easy targets for irrational and often unpunished violence.
Judicial repression of violence has not worked, because it depends on emotional prejudice; it feeds on it and it produces it. Thus, social justice becomes revenge.
As it is now almost a rule, a criminal is punished after being analyzed his case in court and sifted through a rich gamut of prejudices and theatrical displays.
Lawyers appeal to feelings to excuse a criminal for his actions against humanity by clinging to mere technicalities. Their intend is not to prove the innocence of an innocent man, but to get away with a innocent verdict even when they know their client is guilty.
Jurors are dragged into court by duty with little or no interest for the cases in question. Their personal conclusions are based on individual judgments with little, if none, training.
Judges are to decide the sentence. They cannot help basing their final sentence on personal or emotional bias, no matter how hard they try.
THEREFORE,
Lawyers should limit themselves to prove the innocence of their clients, not to justify their guilt. They should be also liable of perjury when they try to get away with a non-guilty verdict when they are sure their client is guilty.
Jurors should be professionally trained people with a minimum of skills to determine scientifically all evidence presented. They should have a good notion of criminology, not people picked at random.
Judges should be experienced-professionals and their functions should be limited to serve as arbitrators watching for the legality of the method and procedures employed by lawyers, prosecutors and jurors.
Crime and punishment relation should be constant: Murder = death sentence.
Executions should be performed by all-mechanical means, so that no human participates in the punishment. Otherwise, executions themselves become crimes as it is today. The idea is not killing in revenge, but preventing impunity for slaying a fellow being.
Only the verdict of the jurors should be appealable, not the sentence which should be an automatic preset one in accordance to the crime, not as understood by a judge.
Jail sentences for mutilation, assault and battery, mugging and the whole gamut of violent crimes should be in consequence with the crime and should be applied with no mercy. Potential victims of irrational beings are the ones who deserve mercy.
Economic crimes should not crowd jails. Economic criminals should be forced to pay back the damage caused, plus interest and inconveniences.
A much needed change in jurisprudence would encounter vicious enemies, among them, religious and political leaders, war mongers, etc., who would be put out of business, what a blessing!! Wars would be punishable. Practical and pleasant realities would replace the dooming and guilt-ridden poetry of religion, whether godful or godless. Many people wouldn't like this to happen. I hope you publish my point of view. Maybe some brilliant mind would take over and who knows? a bloodless revolution in favor of the human race might start.
Ralph Rewes
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