Contemplating the Failure of Our Attempts at Justice

Even when we strive in good faith with our best efforts, we often fail.


“Like a pregnant woman who writhes and cries out in her pangs when she is near to giving birth, so were we because of you, O Lord; we were pregnant, we writhed, but we have given birth to wind. We have accomplished no deliverance in the earth….” (Isaiah 26:17-18 ESV)

These words were written approximately in the 700’s BC by the prophet, Isaiah. Yet, there are as relevant today as they were almost 3000 years ago.

That is my opinion, of course. What do I know?

As an attorney, I am in an unique position to speak to the American system of justice. I have seen it operate from the inside out, and I have participated in it for going on 30 years, so I think I have sufficient insight to be able to provide a well-informed opinion on the subject.

I was intrigued, even stricken by a bit of awe, in law school as I studied the history of American jurisprudence (with its roots in English common law, but for Louisiana, which has roots in the French legal system of justice). The principals, which build on themselves going back to ancient times, and the care and thought that informed American Jurisprudence is something for which I developed quite an appreciation. Many of those principals were, in turn, developed in view of the ancient texts that we call the Bible.

I graduated from law school at the age of 31, having much “real world” experience under my belt before law school, but I was filled, nevertheless, with the kind of naivete and idealism that is informed by the theory but is untried in the practice.

I have tried hard to carry with me the ideals of justice that inform our legal system, and I have fought for almost 30 years, now, to implement them to the extent that they are within my control of influence. Unfortunately, one person is not able to move those wheels of justice that grind very far off the course on which they doggedly and often very bluntly drive forward leaving casualties of justice in the great ruts they create.

Relative to current events, a 2018 report to the UN on the criminal justice system in the United States reveals some gross disparities in the outcomes. “African-American adults are 5.9 times as likely to be incarcerated than whites and Hispanics are 3.1 times as likely.” The report summarizes the disparities in this way:

“The source of such disparities is deeper and more systemic than explicit racial discrimination. The United States in effect operates two distinct criminal justice systems: one for wealthy people and another for poor people and people of color. The wealthy can access a vigorous adversary system replete with constitutional protections for defendants. Yet the experiences of poor and minority defendants within the criminal justice system often differ substantially from that model due to a number of factors, each of which contributes to the overrepresentation of such individuals in the system.”

Racial disparities in our criminal justice system are only one area in which our system of justice fails to provide the justice it promises. On the ground level, I saw the failure of justice nearly every time I stepped into a courtroom in thousands of ways, big and small.

Continue reading “Contemplating the Failure of Our Attempts at Justice”

Perspective in the Reminder of Our Own Mortality

The lack of control that we feel is real, but there is purpose behind the chaos.


From the moment the Chinese government woke up to the significance of the corona virus threat, they kicked their efforts into high gear. I have a friend who described to me what it was like for his parents, who live in China. We have all heard reports of the virtual lock down of the country by the government.

That’s what totalitarian governments do. They exert the collective power of man by the force of governmental control en masse. Totalitarian governments rest on a foundation of top down, human power. The philosophies that gird them are largely humanistic, not reliant on divine power, but on the iron fist of self-governance.

Not that democracies, republics and other forms of government don’t rely equally on variations of collective human power, control and ingenuity. They all do. And we do the same on a personal level. In the face of the present corona virus threat, we have all taken personal measures to protect ourselves, our loved ones and our neighbors. As well we should.

Ultimately, though, the corona virus reminds us of things we can’t control, though we try.  Underneath the collective and individual determination to take control of this virus Thing that threatens us, and all the things that threaten us, runs an undercurrent of uncertainty and uneasiness, sometimes even dread. It ebbs and flows from conscious to unconscious. Some of us are more aware of it than others.

Its roots are found in the same place: try as we might, we know that we don’t ultimately control the outcomes. We don’t ultimately control our own fate.

Beginning with our own birth and the circumstances, time and geography in the world into which we were born, we are not in control. We didn’t choose any of it. If we strip away the façade, we don’t control our own lives.

We don’t control our nature or nurture. We don’t control the generations of DNA we carry in our genes, and we don’t control the way our parents raised us, the classrooms in which we were educated, the circle of friends that influenced us and the myriad influences that shaped us.

Things happen in our lives that we don’t control. We could be sailing along at a good clip when a rogue wave comes “out of nowhere” and knocks us overboard. The car we didn’t see coming, the cancer growing inside us, the closing of the place we always worked, an unseen virus that shuts down the state and national economy, putting hundreds of thousands out of work for who knows how long.

When we really think about it, there are so many things that we don’t control in our everyday lives that it can be quite overwhelming to spend much time thinking about it. It’s no wonder the undercurrent of alternating uncertainty, uneasiness and dread ebbs and flows in our conscious and unconscious minds. It causes many of us to panic and worry.

What’s the solution?

Continue reading “Perspective in the Reminder of Our Own Mortality”

Yearning for Perfection in an Imperfect World


Have you ever felt like all you do is spin your wheels, but you don’t get anywhere? I have days and weeks like that. Sometimes, it seems my life is like that.

Imagine a people like that….

Isaiah said this of the nation of Israel (Isaiah 26:17-18 NASB):

As the pregnant woman approaches the time to give birth,
She writhes and cries out in her labor pains,
Thus were we before You, O Lord.
We were pregnant, we writhed in labor,
We gave birth, as it seems, only to wind.
We could not accomplish deliverance for the earth….

As a lawyer, I have spent a lot of time in court. I have represented many people, and I have seen our system of justice at work. I can tell you from experience that it’s far from perfect. That is being kind really.

The truth is that not just our legal system is imperfect; our lives are far from perfect. We all desire perfection, but our attempts at achieving perfection are like giving birth to the wind. Though we strive to make the world a better place, for ourselves, our loved ones and others, we haven’t been able to accomplish deliverance from the imperfections that have been the blight of human existence since time immemorial.

What are we to do?

Continue reading “Yearning for Perfection in an Imperfect World”