Lady Justice May Not Blind, But She Accepts AMEX

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. 

The Big Picture

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.

(Image Credit: KRON4)

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.

(Image Credit: MatterOfCause)

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.  

(Image Credit: Shuttershock via ThinkProgress)

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