Question 4 – What if I am the ministry o Justice?
Editorial – By DR, Marius Enescu
Justice is always represented as a medium age female; there is no such person as an “old woman” and it seems that may be the only comment we can make so far. The need for justice started the moment we had the first debate between 2 obviously subjective- characters. Each one is convinced he is right and it takes a judge, officially appointed, to decide who of the two parts is right, (sometimes none) and which is the right way to settle things under such circumstances.
Naturally, this judge must have no relationship with any of the contestants or any personal interest in making one of them win. That is the normal and the usual situation,, but we have found out, commonly after things settled down, about secret interests that someone from the ruling party or local administration may have had in case x or Y and then pulled some strings to have judge “.John Brown” appointed to this case, because they know him and he would be willing to divert it in “right” direction. This means to des-incriminate our “man” or get a minimum sentence or incriminate their man and get a severe punishment, so he is out of business and the opponers can take over. From here , driving a political string inside the justice departments is just a next step and here we have a president of the Court, there a presidents of the High Court, or maybe we initiate a structure meant to check on all judicial personnel LIKE THE POLICE HAS THE INTERNAL DIVISION. And we can put the cherry on the cake by naming the Ministry of Justice from our group. Once we have this system arranged, nothing wrong can happen to us and we can do pretty much what we want. O then we can explain why a simple peasant can get canned for 7 years upon stealing 3 pieces of corn, while the young brat of a politician will get away with 2 weeks and a legal pardon for killing a pregnant mother with child at the crossing, while being drunk and intoxicated with drugs. Depending on how long corruption has been encouraged, we can get to weird situation. I now a surgeon that had his life destroyed over a framed corruption case; he never touched the alleged bribe envelope, not even seen it, but it was found in his office. Goes to can for 1 year, his wife divorces him, sells house and leaves, he get community work. The accuser, a patient with heart disease and a long list of felonies, died shortly after it was documented that he stole from the stained money placed in the bribe envelope by the police. The case was mounted up with the help of his anesthesiologist. After 3 years, the surgeon gets cleared from all accusations, but it is too late for him to
rebuild his life and his reputation. Another interesting case was the one of guy who stole like 10 tons of Diesel from the local refinery. They sued him, of course, after he got caught red handed with the stuff in his truck. Surprise came after trial, as the sentence said the DIESEL belonged to HIM, it was not stolen and the refinery should give him the fuel back, and he should stand no punishment. The recent attempt of the socialist to create an investigation corps in judicial domain “in order to check and sustain a correct attitude of judges” is a real attempt to scare the judges and control the solutions they give to the sensitive cases. Fortunately, democratic politicians in the parliament, and you, the Romanian people, have prevented it from happening. It is like in the old story with the two Jews who were at trial because Itzhak son had raped Schmilo’s daughter. So Schmilo sued Itzhak for 25 thousand Euro compensation. They meet before the trial and Schmilo says: “Hey, Shalom Itzhak! What are you going to do?” “I am going to pay you!” “ Do you see how this thing has gone too far? Everybody knows I have no daughter and you do not have a son! This case is all a frame up!” “You are right Schmilo, but I think it is safer for us to prevent the trial. Who the fuck knows what kind of judge they’re gonna give us?”
Of all the problems in the system I noted a few, considered more important:
- Not having enough personnel – for courthouse, for prisons, for all jobs;
- There is not enough room in the prisons – too few rooms, to few beds and they are overcrowded and under guarded;
- There is no recovery in the inmates; school teaching or job training are poorly represented; most inmates that come for minor felonies can get trained for major theft and burglary by their room colleagues,;
- Corruption still rules the prisons; hotshots and tycoons have special conditions like room TV, AC, special food, mobile telephone and out visitors or serve in half-guarded sectors; common inmates have none of these, sometimes not the minimal medical care they need. The liberty deprivation becomes an issue for debate; after all, such people are permanently sentenced without parole. They were judged and now they serve punishment – if we transform this punishment into a pleasant spa-session, what is the final meaning: Crime does pay! Prisons should be efficient, satisfying basic needs, but not necessarily cozy and /or comfortable.
- Bringing prison conditions and time to the requirements of European and World Human rights regulations;; aiming for the correctional result in light felonies;
- Lack of proper proceedings in case of missing people , especially children;
- Light punishments and escape ways for drug dealers and drug related perpetrating (drug intoxication frequently works more like an ”excuse” for the committed crime, instead of being a factor for aggravation;
- Poor supervision and tracking on repeated assault for former inmates or persons with supervision and restriction orders
- Sometimes prosecuting files are poorly constructed, based mostly on circumstantial evidence and lacking factual evidence; such files are used in TV covered arrests, very trendy and influential before elections;
- Late response in some emergency cases (like the case of the girls killed in Caracal) or when it comes to retrieve a refugee convict from abroad;A progressive diminishing of the competence and power of the Superior Council of Magistrates, which is symptomatic on the inside functionality of the system and also in the relationship of
- the system with other sectors of social, political and economic life.
What is the secret to make it work? I got some of your ideas and there may be more:
- Reorganization of law schools in general; there should be specialized branches for any type of law related activity
- Building additional prisons; considering the PPP solution (Public-Private Partnership) that will give private investors to penetrate and make business by building and manning prisons to the benefit of the state.;
Implementation of proceedings that do not allow older relapsing criminals spend time with younger people , admitted for minor felonies. Estsblishing specialized recovery programs for each type. A mature convict who is relapsing and did time several times is more refractory to reeducation – psychology and psychiatry should be involved in building programs for such people. Their effort capacity should be used in work programs; they have to give something back to society apart from living under key. For less modified, younger ones, training for a certain job type can be useful, but this has to be combined with creation of some cooperation business hubs with local and
- regional economical partners, who can be in the position of hiring the trainees, once they did their time. It would be better, to include these contracts in the punishment obligations, so we can keep track of these guys and monitor their evolution.A formal revision of regulations inside the prisons; guards should be better paid and with more tight regulations regarding “eye closing” or favoring some of the convicts; If some conditions like : temperature and humidity control, fresh air availability, water, food and medicine availability, electricity, controlled TV access, are becoming standardized in all prisons, they will stop representing reasons for favoring some of the convicts. Tight regulations regarding personal communication devices and sexual / violent behavior should be respected by isolation. Motivational reeducation will be mostly applied to younger and less dangerous convicts. There should be a distinction between minor felonies like theft or economical felonies and those with violent behavior who attacked other persons with the intention to kill or mug. A special psychological monitoring should be required on those who, in various circumstances, have attacked other people, child molesters, criminals with one or multiple victims. Those freed
- can still relapse after a few years so monitoring in their case could remain permanent or minimally 5 years.
- Prisons should also have workshops where less dangerous and younger convicts can be reeducated by job training. There can by small companies associated to the prison, producing goods and making money for inmate cost coverage. A slight profit can mean better life for the convicts and a raise for the guards, plus a possibility to reset life in some cases. We can thus meet the requirements of the European Union in the process and emphasize the re-education programs we can do there. One thing should be clear though, those people were not brought to the prison because of planting flowers and singing lullabies. The prison must have all standard life conditions, but it cannot become a gift resort to a bunch of killers, who will live a luxury life on taxpayer money, after they killed a few taxpayers maybe. A punishment must remain a punishment and most of them deserve it.There has to be a round the clock judicial service including the prosecutor’s offices in order to operate immediately any information about a missing person, especially child. Steps were taken already to make possible lawful break-in entering if this is
- justified by trying to save some one. Given the impact of child abuse and person trafficking in Europe, we should initiate a closer continental (*EUROPOL and justice) follow up of cases, as well as cooperation with INTERPOL and national systems in other countries. A rapid extension and functionality of these measures can prevent escalating the number of cases.
- We still have a poor protection of schools, which are shadowed by drug dealers picking their next victims / clients; We should make school protection mandatory and in the same time triple punishment for drug dealing , because of its enhanced social damage. Such convicts should have no parole, no bale and no early release;
- More investment in supervision (tracking devices) for potentially dangerous ex-cons. We had some cases, when guys with restriction orders came and murdered their victims (formerly restrain ordered) before the responsible officer could respond.We may fell well seeing a certain political character who played with our nerves and our money being hand-cuffed and brought to justice. This is not a view to cherish; it is not educational, and in most occasion it has no consequences, because a poorly constructed file can release the character in a matter of days.
- This gives an opposite public impression: the person is – ultimately not guilty and if he is, he is so cool and tough that they cannot get him and soon you have another El Chapo on your head. Cut the TV in the Justice department, stop doing politics and serve justice for the entire people and country.
- Greater action speed for missing persons and retrieving perpetrators from abroad – has been mentioned already. Find the legal way for economical perpetrators, to recuperate public money from them, as this can influence our status. We do not care for them to stay more in the can – 2-3 years is enough, the greater punishment for them is to take away their money.
- The Superior Council of Magistrates should present 2-3 nominations for justice minister when this is required. They have the power to establish all regulations used inside of the system.
- They should also come up with suggestions for magistrates who by activity records deserve the honor to be members of the Constitutional Court. Eliminate the political factor in the composition of the Constitutional Court.
- The SCM should also deal with judicial misconduct cases, regardless the level, by its inner organs dedicated to this job.If there are more good ideas, let me know.