Reason Wilken
There are many ingredients of a good drama. Among them are tragedy, irony and suspense. Thus, it comes as no surprise that the current legal system provides plenty of fodder for shows like The Practice and Law & Order. In the course of one episode an individual guilty of murder can walk free or an innocent person can be found guilty ‘beyond reasonable doubt’. The testimony of a key witness may be thrown out on a technicality, and a defense attorney may pledge the innocence of their (guilty) client. Things are not always as they seem inside a courtroom, which provides plenty of plot twists for producers and writers. But if one is to look beyond the drama, is our current system of crime and punishment really “just”? It seems like there must be a better system of justice available, one in which a convicted killer could not be absolved of responsibility by pleading insanity. The newly proposed synergic organization called the Life Trust may be one such alternative.
The crux of the Life Trust rests on what is referred to as the “Principle of Non-Allness”. This principle states that all the factors, details and circumstances in a situation can never be known. There is always uncertainty with regards to what will happen next, and all humans are living their lives and choosing courses of action do so without all of the information. In this context, mistakes are viewed in a new light. No longer are mistakes “bad” and worthy of blame and punishment. Instead, mistakes are the result of ignorance. They are an inevitable part of life because no one has all the information, but they do provide an opportunity to learn. Thus, mistakes should be dealt with using education rather than condescension, blame and punishment.
The Life Trust is based upon a biological model: cancer. Cancer cells are continually being created during the process of cellular division and are (usually) destroyed by the immune system. The immune system is able to recognize cancer cells as abnormal and contain their spread by destroying them. In the Life Trust, individuals who take part in adversary events are like cancer cells, and they threaten the well-being of society just as cancer cells threaten the health of the body. Law enforcement officials (referred to as Life Trust Guardians) are akin to the immune system, seeking out adversary individuals and containing them. The process does not stop with containment (as it often does in the current system), but moves on to education and rehabilitation in order to help prevent future adversary events.
At first glance, the Life Trust may seem very similar to the current incarnation of the justice system. Both systems entail some form of investigation and containment of adversary individuals, but they are based on very different philosophies. Currently, the judicial system revolves around blame and punishment. The Life Trust Guardians focus on responsibility, education and rehabilitation.
The idea is that individuals who commit act such as theft and murder are not necessarily bad people, but they are definitely dangerous and misguided. Sentencing them to a number of years in a jail cell certainly keeps them out of society for the time being, but does nothing to address the cause of the problem. In this traditional arrangement, it is possible that criminals may relapse into their old ways as soon as parole comes up and they are released back into society. Under the direction of the Life Trust, responsible individuals receive counseling, education and clinical treatment during their containment and are not released until they are judged to no longer be a danger to others. For some violent criminals, release from containment may never come.
In addition to education, the Life Trust Guardians stress the importance of restitution. Restitution is a form of payback that the responsible individual makes to the party hurt by his or her actions. It can be financial, or simply a donation of some services or goods. Restitution is by no means intended to fully atone for the damage done in an adversary act, but it is a gesture on the part of the responsible individual that says “I’m sorry”. It is in addition to the education and rehabilitation parts of the process and is not intended to be a substitute. Restitution drives home the point of responsibility for one’s actions, and is a more personal way to help make up the damage than simply serving time.
While the Life Trust Guardian system seems like just a more comprehensive and detailed formula for the administration of justice, there are several points where it is advantageous over the traditional system of crime and punishment. First and foremost, it tends to maximize justice. There are no trials held by the Life Trust. While it seems peculiar at first how there could be any justice without criminal trials, it soon becomes clear.
Imagine a well-functioning immune system that happens across a group of malignant cells. Because of the immune system’s detective abilities, it is sure that the cells are indeed cancerous. The next step is not to ask the cells why they developed into cancer cells, or to try and provide a rationale for the cells’ malignant behavior. If the overall health of the organism is to be preserved, than the cancer must be contained and destroyed. Once the responsible cells are found, action must be taken.
In a similar fashion, the Life Trust Guardians do not waste time in their administration of justice. In lieu of trials, there are Responsibility Hearings. These hearings are shorter than trials because there is no prosecution, no defense and no battle over the fate of the allegedly responsible individual. Facts are presented, witnesses may be interviewed,but decisions are based on evidence only. It would not be possible to throw out key witness testimonies or evidence on a technicality. In our present legal system, lawyers may provide defense for criminals knowing full well that they are guilty. Because of the various loopholes available, it is not uncommon for a guilty individual to escape sentence or an innocent person to be framed. The current system is truly rather subjective, and the strength of a case may depend directly on the skill of the attorney.
In addition, the Life Trust system also maximizes justice by minimizing dishonesty. It is important to understand that this is not a punishment-based system. It is part of human nature to desire protection from punishment, and often people may lie in order to escape negative consequences. The Life Trust system drastically reduces the urge to lie because it relies on education, not punishment. Those convicted of crimes will be educated, not berated. Convicted criminals are not only contained physically, they are rehabilitated mentally. In a synergic world, the desire to harm another is akin to a mental illness and needs to be treated as such. In the traditional system, “insanity” is a plea that is capable of getting a criminal acquitted. In the Life Trust, it is indeed the most damning evidence of guilt.
Read a full description of the Life Trust Guardian system
