Legalities Have Pushed Aside Justice

Justice in our legal system has been side-lined in favor of the law or whatever a judge feels is the law. Justice is a endangered species, going the way of freedom of speech, the right to bear arms and Christianity in public.

What is justice? The dictionary defines "justice" as:

"the quality of being just, impartial, or fair, the principle or ideal of just dealing or right action"

Now tell me where is justice in this case:

...a judge in Nebraska has gone even further, banning the use of the words "rape" and "sexual assault" during a trial for a man accused of sexual assault.

The new order comes from Jeffre Cheuvront, a district judge in Lancaster County, who granted a defense motion to ban such words. A defense lawyer, Clarence Mock, told the Lincoln Star-Journal those references should be restricted to keep the trial fair.

"Rape" is not even a legal term, he noted. And while "sexual assault" is, that references something only the jury can determine, he said.

But the judge also rejected a motion from prosecutors to ban the words "sex" and "intercourse," because they imply consent, and the woman who brought the complaint, Tory Bowen, said that leaves her being forced by the judge to commit perjury.

"The word 'sex' implies consent," she said. "I never once would describe (what happened) as sex. He's making me commit perjury."

The encounter happened Oct. 31, 2004.

"In my mind, what happened to me was rape," said Bowen, 24. "I want the freedom to be able to point (to Safi) in court and say, 'That man raped me.'"

But Mock said removing the words to which he objected will leave the case to "turn on the facts."

"Using words like 'rape' creates unfair prejudices for defendants and invades the [duties] of the jury," he said.

On trial for the second time is Pamir Safi, 33. A November trial ended in a hung jury.

Bowen testified for nearly 13 hours then, when "victim" and "assailant" also were banned, and said the impact was "huge."

A woman was RAPED, or Sexually Assault if you prefer, but she won't be able to use those words to describe what happened to her. She has to skirt around the subject using implications or less descriptive words. Now tell me where is the justice in this case? Is justice being served, or are Political Correctness and legalities getting in the way of justice?

I can see why people take justice into their own hands when they can't receive it from the court systems that are suppose, I say suppose, to serve the people with justice.


Mr Minority