Why do victims and witnesses do not come forward to file charges or support cases in court after shootings, assaults and other serious crimes in the Philippines today? Their unwillingness to lodge complaints, support prosecutions or otherwise act to obtain justice speaks to the total lack of confidence in the country's rotten criminal justice system.
Friday, January 21, 2011
The criminal justice system of the Philippines is rotten
Why do victims and witnesses do not come forward to file charges or support cases in court after shootings, assaults and other serious crimes in the Philippines today? Their unwillingness to lodge complaints, support prosecutions or otherwise act to obtain justice speaks to the total lack of confidence in the country's rotten criminal justice system. Impunity is written large across the face of criminal justice in the Philippines: perpetrators of killings, torture, abductions and other gross abuses have easy assurances that they will get away with whatever they have done. And where these persons are themselves a part of the police, military or armed groups working on their behalf, impunity is all but guaranteed. Little wonder that attacks are carried out in broad daylight and in public places-a crowded market, the front of the victim's home, during a church service by men who don't even bother to conceal their faces or identities. They know full well that they will never be arrested; the victim's family may even be too terrified to admit seeing the perpetrators' faces. Where they do, some innocent persons can easily be found to take the place of the actual offenders. Either way, the lack of witnesses and other evidence together with disinterested and primitive investigating mean that few cases ever reach full trial in the courts.
Wednesday, January 19, 2011
Principles of Justice
The principle of justice—one that has been widely accepted since it was first defined by Aristotle more than two thousand years ago—is the principle that treated the same, unless they differ in ways that are relevant to the situation in which they are involved both do the same work, and there are no relevant differences between them or the work they are doing, then in justice they should be paid the same wages. because he is a man, or because he is white, then we have an injustice a form of discrimination because race and sex are not relevant to normal work situations.
There are, however, many differences that we deem as justifiable criteria for treating people differently. we think it is fair and just when a parent gives his own children more attention and care in his private affairs than he gives the children of others; we think it is fair when the person who is first in a line at a theater is given first choice of theater tickets; we think it is just when the government gives benefits to the needy that it does not provide to more affluent citizens; we think it is just when some who have done wrong are given punishments that are not meted out to others who have done nothing wrong; and we think it is fair when those who exert more efforts or who make a greater contribution to a project receive more benefits from the project than others. These criteria need, desert, contribution, and effort we acknowledge as justifying differential treatment, then, are numerous.
On the other hand, there are also criteria that we believe are not justifiable grounds for giving people different treatment. In the world of work, for example, we generally hold that it is unjust to give individuals special treatment on the basis of age, sex, race, or their religious preferences. If the judge's nephew receives a suspended sentence for armed robbery when another offender unrelated to the judge goes to jail for the same crime, or the brother of the Director of Public Works gets the million dollar contract to install sprinklers on the municipal golf course despite lower bids from other contractors, we say that it's unfair. We also believe it isn't fair when a person is punished for something over which he or she had no control, or isn't compensated for a harm he or she suffered. And the people involved in the "brown lung hearings" felt that it wasn't fair that some diseases were provided with disability compensation, while other similar diseases weren't.
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