While it is likely that the Oscar Pistorius trial has received a large
amount of American airtime due to an Olympic athlete being tried for murder in
an Olympics year, interest in the case also serves as a reflection for
American fears of inequality in the criminal justice system. The case is
rife with social implications of the role of wealth, status and influence and
the subsequent relationship with justice.
Based upon the evidence
presented to the public, if Pitsiorious is found not guilty, Americans can take
solace in the fact that it is not just our criminal justice system that is
corrupted, either directly or indirectly, by power. However, it will paint a
disheartening global picture of justice, where the laws don’t apply to the rich
and powerful.
(Image Credit: Chris Young)
If, on the
other hand, Pitsiorious is found guilty, than Americans will have cause to take
a long, hard look at our criminal justice system. There is a prevailing sense that
America--the land of opportunity and the American Dream--is somehow special.
The idea that American Justice is blind, and all men are created equal has been
proven false, time and time again yet we cling to it. It has been proven false by
the racial discrepancies in mass incarceration rates, in the “affluenza”
defense, and the 2009 case of du Pont heir Robert H. Richards IV which has only
recently come to light.
Originally
charged with two counts of second-degree child rape for acts against his 3-year-old
daughter, Richards plead guilty of the 4th degree rape. Each count of
second-degree child rape carries a 10-year mandatory-minimum sentence, where
4th degree rape has no mandatory minimum sentencing requirements. Judge Jan
Jurden subsequently ruled that the heir to a chemical fortune, "will not
fare well" in prison and that he would be better served by treatment than
incarceration. Richards received a suspended sentence of 8 years, was placed on
probation and ordered to pay $4,395 to the Delaware Violent Crimes Compensation
Board. He ultimately served no jail time.
The case has
recently come to light due to a lawsuit from Richard’s ex-wife accusing him of
sexually abusing his then 19-month-old son over a course of two years. The
possibility of Richard’s sexual abuse of his son came to light during a session
with probation officer during the administration of a polygraph test. In a 2012
progress report, another probation officer raised similar concerns to the
court, explicitly stating, “There are concerns about Mr. Richards’ past
offenses concerning his son.” However, it has taken until 2014 and the filing
of a separate civil suit for this miscarriage of justice to come to the
attention of the national media.
(Image Credit: Milton Bradley via
Politix)
How wealth does one need to be to rape children and get away with it? Pedophiles and
rapists are widely accepted to be the worst of the worst. The laws under which
Richards were charged were put in place specifically to protect children from
the worst sort of monsters. Richards is admittedly a child rapist, as well as
part of the 1%: taking these factors into account, it seems no coincidence he
is serving no jail time. It brings to mind the similar 2005 trial of Michael
Jackson, the difference being Jackson was acquitted.
If a wealthy,
powerful man such as Pitsiorius is convicted in a foreign, high profile case,
it will highlight the unequal application of justice in the current American criminal justice system itself. They say the first step in recovery is admitting you have a problem. While realizing the sliding scale of justice for the wealthy in America may be the first step, where can we go from there?
For more stories about the disproportionately powerful role of "affluenza," check out this article at Politix
Sources:
Huffington Post
Detroit Free Press
