Ok, so where do the last few blogs, including yesterday’s, leave us?
The point is that what you have been raised to believe , and what our political leaders would like you to believe and wonderful theories upon which our system is based do not always translate into reality very well. Does this mean that everyone is “lying”?
No, not really. I think, to some extent ort other, we try to be in perfect sync with the theories upon which this great country was based. But we are human.
On the other hand, this is not a blog to written to debate philosophies. It is to reflect the reality of the criminal justice system to you, my readers. Therefore, as was the message in yesterday’s blog, I am trying to use the various stories over the past week to help me describe realities about which you should be aware..
You see, in my opinion, the difference between what the system calls the “good guy complainant” and the “bad guy defendant” is not very large. It often hinges on one precarious moment.
Attorney Sam’s Take On Five Realities Of Which You Should Be Aware
“We do not incarcerate people for being poor”
We discussed a new case on this subject earlier in the week in which the Supreme Judicial Court of Massachusetts made this point. The fact is, however, that there are some crimes which will continue to be part of most homeless people’s lives. For example, there is the crime of Trespass. And, standing against the rights of the homeless to be free are the rights of a property owner.
What the law, in balancing the two interests, is saying is that if a homeless person can prove to a jury or judge the necessity of being somewhere in which he or she is otherwise not allowed, it is a valid defense to the crime.