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The Business of Justice

I recently read a report from the New Hampshire Commission on the State Courts. Part of the report includes the results of eight research committees. One such committee was entitled "The Courts as a Business." I must say I was at first taken aback at that title. I can imagine the scales of justice being titled towards the party that had the most money! Or maybe people being stopped at the courtroom door until they paid the entrance fee. But after reading the charge to this committee ("what changes should be made to assure that we are getting the best bang for the buck?" I felt a little better.

The research committee developed two recommendations: performance management and information technology deployment. Both are worthy of consideration.

That said, it should be remembered that public institutions are categorically different from private businesses. Public offices should be more transparent in operation, open to comment, and accountable to citizens. Private businesses are just that, private. Businesses, for the most part, are not required to let you know how they operate, why they make certain decisions, nor must they respond to the general public.

Sometimes people, both inside and out of government, forget these differences and try to force the either to behave more like the other. I don't consider a blind adherence to this a GoodThing. Although public institutions should operate as efficiently as possible, this does not mean efficiency should be the paramount priority. Yes, I know, there will be some who will vehemently disagree. But here's why I think reasonable people would not.

Justice is supposed to be evenly applied to everyone. For example, in a criminal case, if you are not able to afford representation, an attorney should be supplied to you. This costs money and is not the most efficient way of operating. But our society has decided that people should not be abandoned without assistance just because they don't have money.

In our system, the accused is assumed innocent until proved guilty. Obviously, the safeguards in place to ensure a fair trial cost more that if the accused is assumed guilty and must, therefore, prove his or her innocent. The cost burden in the second instance is squarely on the accused.

The point is, we love our freedom so much that we are willing to support an inefficient system so that the innocent are not deprived of their rights without due process of law. I am willing to support that system, even if some do not. YMMV. Insert disclaimer here.

Aloha!

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This page contains a single entry from the blog posted on October 11, 2006 5:33 AM.

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