The Theory Of Legal Justice
By Amy Elizabeth Curran, McClatchy High School - Photo by Mary Reich Photography

Editor's Note: Recent McClatchy High School graduate Amy Elizabeth Curran took first place in The Story of America essay contest. Here is her winning essay.

Lois Bujold said, "The dead can not cry out for justice; it is the duty of the living to do so for them." In a society where prejudice and general idleness often override our want for fairness and equality, the theory of legal justice is far from being a reality. Justice is the act of upholding fairness in the law. Justice is served when those subject to the law are treated with impartiality and righteousness. In America we have pride in a justice system that is supposed to be superior, yet it is far from flawless. We have a history here of many who did not receive the rights promised to them in our constitution, the right to a fair trial, equal protection and appropriate punishment for a crime. From Sacco and Vanzetti, to Rodney King our system has failed often, yet it is the stories of these people which push this nation to right its self, and those who tell the stories are heroes who defend the rights of all citizens. A story that illustrates the former statement by Bujold most accurately is that of Ed Johnson. In the book Contempt of Court, Mark Curriden and Leroy Phillips become the voice of this man, who was a victim to injustice in the courts.

Ed Johnson was a black man living in the south. After being accused of raping a woman named Nevada Taylor, Johnson was arrested and taken to trial. He appeared before an appallingly corrupt jury in court and was sentenced to death. Two lawyers who were convinced justice had not been served took Johnson's case to the Supreme Court, and were triumphant in receiving a stay on the execution. Shortly after, a mob lead by the town sheriff took Johnson from his jail cell and lynched him. The Supreme Court did take the town sheriff to court, along with other leaders of the mob, and punished them. Although the sheriff was responsible for taking a life, he was sentenced to six months and eventually returned to his job. A preacher in the town was outraged by the behavior of the mob and their defiance of the law. He and the two lawyers who brought Johnson's case to court were great, influential men who changed the way justice was served. If not for the recent publication of the book telling their story, perhaps they would have been forgotten forever. Upon reading and learning about Ed Johnson's case, one cannot but help becoming concerned about justice in the system today. Is our system completely improved since the time Ed Johnson was killed, or is it still a work in progress? I believe there are many fatal flaws in the system that must be dealt with today before we can assume the days injustice are over.

According to the Bureau of Justice Statistics, 71 percent of people sentenced to death are people of color (not white). It has been noted that the police more often treats minorities with brutality. Blacks are four times more likely to receive a death sentence than whites for similar crimes. Police often target minorities as suspicious, and use racial profiling to determine suspects for crimes. In a society where citizens are protected by the law of the land from racial discrimination is seems that something is terribly wrong with these statistics. Perhaps it should be reviewed who we select for a jury. A jury of peers should include those from similar neighborhoods and socioeconomic statuses. Why are there so many stories of minorities being sentenced by all-white juries? Furthermore, why are so many more people of color loosing their lives because a jury decides to give them the ultimate punishment? I believe that in a system that is not perfect the government has no right to decide to take lives. I do not believe justice is served when we allow a system that is proven to be less than perfect make decisions that involve life and death. So sacred is one's life that when one innocent man receives capitol punishment it has been proven too risky to have any place in our justice system. To call this country a free country we must be sure no innocent man is denied his freedom, or his life.

It seems that sadly many people today, including teenagers and young adults, have no passion for law. Often distracted and busy, youth has lost interest in a system that affects our personal freedoms. I hear so many complain about how unfair life is and I believe it is their responsibility not to complain, but to fight. Every person is given the right to free speech in America, youth especially must take advantage of this right in order to preserve a future where the system will be non-corrupt and guarantee our freedoms. I think the most important thing anyone can do is to use his or her voice and energy to bring about awareness. Voting, writing, calling government officials and bringing together communities in support of causes are several of the ways youths can solve the problems of the justice system in this country. As long as voices continue to be heard, the fight against injustice will be going on. Malcolm X said, "Nobody can give you freedom. Nobody can give you equality or justice or anything. If you're a man you take it." Just as so many who fought to preserve the true meaning of the bill of rights, we must learn that we can not sit and watch things happen, we must make them happen. Like Ed Johnson's dedicated lawyers, we must be the voices of those who have not been treated with the justice that is so vital in our courts.