Common Sense Justice Defenses
Or: Why the “he fucking deserved it” defense should be resurrected.
Law and Order has killed the justice system.
That’s the pronouncement of my good friend, Russ, when I asked him why we no longer have the “He just fucking deserved it” defense in murder and assault cases.
Don’t get me wrong. I’m not prone to fits of violence. I’ve not been in a fight since third or fourth grade and haven’t thrown a punch in anger since I was 15 (and that one missed its target). But seriously, why can’t we have something resembling ‘justice’ in our justice system?
I’m thinking specifically of a case in my hometown. A young man of about 25 had lived most of his life under the heel of his abusive step-father. The man’s mother was also abused — to the point of multiple trips to the hospital, threats to her life and limb, and post-tramatic stress disorder. Eventually, the son snapped. Bang bang went the gun and thud went the asshole stepfather.
Is the world a better place today? I don’t know. But here’s the deal: this young man is about to go to prison for 40 years because he took care of his mama. Southern boys know what I’m talking about. Don’t mess with a southern boy’s mama unless you want a world of hurt to come on you through a never-ending parade of painful.
This boy doesn’t deserve jail. He deserves a medal. And legally, he deserves a defense attorney who is smart enough to say “Hey, this man deserved it. My client was post-traumatic and had a reasonable fear for his life. Justifiable Homicide.”
Instead, he gets whatever 9th Grader the state just made a public defender and a “plead to Manslaughter and you’ll see the light of day again” counsel. That’s not justice. That’s perverse.
So I want to lead the world in resurrecting the “he fucking deserved it” defense. If only because the bastard did.