LWOP - Pronounced El-wop

Let's just jump right in. Below is Sara. She was a juvenile when she was sentenced to Life Without the possibility of Parole. Right now somewhere between 1200 and 2200 juveniles are serving such sentences. One argument for why the United States is the only country in the world to have this sentence for minors is that we have a unique teen crime problem. We do. We have a unique crime problem in general. More people (statistically) are living in incarceration here than anywhere else in the world. Many of those start their descent into a life of crime before they reach the age of 18. But our prisons are bursting, funding is falling, the justice system is clogged and undeniably ineffective. 70% that come out go right back in. So certainly some questions are in order. Watch the video.

There are two philosophical theories for why we justify punishment for crime. Teleological and Deontological. Big words for deterrence and retribution. Deterrence is concerned with the consequences (the future). If you lie, your friends won't like you. If we let the bank robber go, he will rob another bank or someone else will rob a bank thinking they can get away with it. Retribution is nonconsequential. Certain acts are right or wrong in their core and must be punished. Lying is bad, even if no one is hurt. The 80 year-old man who killed his wife should get 20 years even though he poses no threat to society.

People might be motivated more by one or the other, but our current system does not work without both. These are human instincts at work. We want to protect (deter), we also want justice (retribution). Both have their weaknesses. Retribution is often emotionally driven and sometime is without utility for society as a whole. Deterrence assumes that people generally calculate their crimes and take the time to weigh the consequence.

Young people in particular seem unable to weigh the consequences of their decision. This begs the question: why are we putting juveniles away for life? Doesn't seem like much of a deterrence. I am doubtful that many young people have knowledge of LWOP and use it to decide not to murder their pimps. Retribution? Sara killed someone. On some level it seems just that she should pay for it with gravity. And what has more gravity than the rest of her life...

But this sense of justice does not ring true for me. Here is what is happening. As a society we are feeling insecure. The economy, immigration (cultural tension), less faith in our government... As voters we have encouraged our politicians to be tough on crime, to protect us. This has led the legislatures to pass mandatory sentences for certain crimes. Many judges are no longer allowed to consider the entirety of Sara's situation. She committed murder and the law says either 25 years to life or LWOP. That is the mandatory sentence for her crime. For reasons beyond me she ended up with LWOP.

My instincts are that mandatory sentencing undercuts our judicial system. But I am just beginning to learn more about this and I could go on about this for awhile, but instead I will say that my heart hurts for Sara and for the other kids who have little to hope for as they wait out their lives in cells. There must be a better way.

Justice and Mercy

This summer I enrolled in a delightful class called Law and Literature. We read novels and classic plays that dealt with issues of the law. We then put one of the characters on mock trial and imagined they were being tried now for their ancient crimes. It was a good time and the jury debates were quite stimulating.

For my final paper I wrote about Justice and Mercy in the law. I took two of Shakespeare's "Legal" plays, "Measure for Measure" and "A Merchant of Venice" and I compared some of Shakespeare's language to the Christian scriptures. (As a side note, these plays contain some truly beautiful passages and if you haven't read them recently or at all, I highly recommend).

God, as portrayed in the Bible, is fully just and perfect in mercy. One of the many paradoxes (paradoxi?) of the great I AM. Justice and mercy often clash heads in their definitions. And then there are times when what is just IS what is merciful and vice versa.

Shakespeare's characters grapple with where mercy belongs in a justice system. In writing my paper, I realized that I have an emotional connection to Justice that I do not feel toward Mercy. Justice is my firstborn and Mercy is the stepchild I know I need to love but tend not to reach for reflexively.

I am trying to investigate the reason for this. In part I think it is the nature of the emotions associated with the two. When something is unjust, I can feel my cheeks burn, my temperature rise, my stomach tighten. I want to pound a table with my fist. When mercy is beautifully exemplified I am relieved. But the reaction is more of a release and less of a motivator. Does that make sense? I also think it is my tendency toward pride that makes me nestle closer to justice than mercy. Justice is an easier friend to keep company with. Mercy makes me bite my tongue and do things that drive against my all-important feelings. If I wanted to make this blog a lot longer I could also talk about mercy and grace, and how I have a difficult time connecting emotionally with God's grace and God's mercy. Maybe this means I have not spent enough time wrestling with God's justice, particularly as it applies to me.

I know that this is not true of everyone. I know there are people for whom mercy is closer than a brother. I want to find a balance, in law, in my life, in my feeble understanding of my God.

Any thoughts?

I'll close with a few of my favorites from the Bard.

“No ceremony that to great ones ‘longs,

Not the king’s crown, nor the deputed sword,

The marshal’s truncheon, nor the judge’s robe,

Become them with one half so good a grace

As mercy does.” - Isabella, Measure for Measure (Act 2, Scene 2)

“I show it [pity] most of all when I show justice

For then I pity those I do not know,

Which a dismiss’d offense would after gall,

And do him right that, answering one foul wrong,

Lives not to act another.” - Angelo, Measure for Measure (Act 2, Scene 2)

"The quality of mercy is not strained.
It droppeth as the gentle rain from heaven,
Upon the place beneath.
It is twice blessed.
It blesseth him that gives and him that takes.
It is mightiest in the mightiest,
It becomes the throned monarch better than his crown.
His sceptre shows the force of temporal power,
An attribute to awe and majesty.
Wherein doth sit the dread and fear of kings.
But mercy is above this sceptred sway,
It is enthroned in the hearts of kings,
It is an attribute to God himself.
And earthly power dost then become likest God's,
Where mercy seasons justice." Portia, Merchant of Venice, (Act 4 Scene 1)

New Digs

I'm taking another stab at blogging. Mostly because I would like to record more of my experiences and I just can't seem to journal consistently. This is a new blog, because I am doing a new thing and I hope to be a bit more anonymous here so I can speak freely about my experiences navigating this rocky terrain called graduate studies.

As a brief catch-up, I moved to Los Angeles from the midwest 7 years ago. I travelled the world for 4 years, I hit the sidewalks of Hollywood, headshot in hand for 2, and I just completed my first year of law school. I am still curious about how I got here.

Basically I was fed up with a "career" (using that term very loosely) that was all interview and no paycheck. The job interview/application process is so grueling, horrible, and demeaning, who wants to do that for a living? Millions of people in Hollywood apparently. So I got out, with my soul in stitches but still somewhat intact. Thought I'd go back to school. I like school.

I took the LSATs to see what would happen and two months later found myself enrolled in a strange universe called law school. I like school, the career...well, that remains to be seen. I've never really considered myself a suit-wearin' kind of girl. But here I am, suit in the closet, polished shoes and nylons ready to go. I start work for a federal judge in 10 days.

I have some new stories and some brewing thoughts, so I thought I would share them (even if only with my future self).