June 17, 2007
Righting judicial wrongs
I often get frustrated with what I believe to be injustice in our system even though I know that with all its flaws it still remains the best in the world. Two things give me heart today that while justice may be slow and the innocent may suffer as it works its way to correct wrongs it still works.
I was critical of the Duke Lacrosse team prosecutor. Mike Nifong was finally called to account and has resigned his position. I was outraged by the Kelo decision. Ed Morrissey writes:
"some courts have heard the message. New Jersey's state Supreme Court slapped down a similar use of eminent domain, upholding the appeal of a property owner whose use displeased the town's leadership."
That doesn't mean that I think North Carolina hasn't more to do to improve its legal system. It should enact a speedy trial provision consistent with the U.S. Constitution and require the creation of transcripts of grand jury proceedings as starters. But it does show that with the effort of online heros like K.C. Johnson institutions which have a role to play in preserving justice --in this instance the organized bar--are forced to act to redress wrongdoing.
And it doesn't mean I've come to terms with the Kelo decision. It is monstrous. But it does seem that state courts and legislatures understand that it is, and unlike non-federal systems, we do have in place means to right stupid rulings from the Supreme Court.
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