What is Justice?

This post was written by Barbara Ball.

In light of what happened with Paris Hilton recently I have been wondering what justice is all about. Was Ms. Hilton’s sentence lighter or harsher then others because of who she is?

The real question is , however, what is justice? Ms. Hilton had already been sentenced to probation because of what she had done in the past. When she decided to violate the law of the land she made the choice to allow a judge to give her whatever sentence he saw fit to try to change her behavior. This is what justice is all about -- teaching what the law is and that everyone must obey it. The sentence the judge gave Ms. Hilton, in his opinion, was appropriate to not only teach her the law, but to show that it applies to everyone.

The anger that erupted after the sheriff decided to modify her sentence was not just about Paris Hilton. The anger that arose was over the concept of justice and how justice works. As the theme song to a popular police tv series teaches, if you commit a crime you must be willing to do the time. No matter whether you are white, black, yellow, or red, or rich or poor, you must obey the law. This is why Lady Justice is blindfolded.

So what then is the next question? How does a judge arrive at a proper sentence? Each crime comes with sentencing limitations that define the seriousness of the crime, and many also have guidelines a judge should follow. The people, through their legislature, have decided the maximum punishment available for each crime. The judge determines what would be an appropriate sentence within that limitation with the intent to help rehabilitate the criminal. A judge looks at the circumstances in the life of the person being sentenced. What was the nature of the crime, was it a crime of passion or premeditation? Is the offender a habitual lawbreaker or a first time offender? Is there remorse for the offense? Will the offender learn from an appropriate sentence in this particular case? The job of the judge is to decide what sentence will rehabilitate the offender, and to what account punishment will factor into that goal. For these reasons, a sentence may be different person to person for similar crimes.

Justice is blind but there are times when the sentence looks more severe for one race or type of person then another. This may seem wrong but if the sentence is within the guidelines then that is the chance a person takes when they choose to break the law. The idea of punishment is to prevent the offender and others from committing the same crime again in the future because the sentence is uncomfortable and aimed at rehabilitating the person. I would think that if there is a possibility that a severe sentence may be imposed a person would think of the consequences before committing a crime. Looking at Ms. Hilton sentences, it is apparent that the first sentence did not teach her anything and when she reoffended she again put the lives of people in jeopardy. The judge found it necessary to make her second sentence more significant to try to make her stop and think before she puts others at risk again in the future.

So then, was Ms. Hilton’s sentence harsher or more lenient then others who have committed the same crime? It does not make any difference because the idea is to obey the law, the law that applies to everyone.