FERGIE JENKINS: WHAT IS JUSTICE?

"Justice: Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly."

-World Wide Legal Information Association (www.wwlia.org/dict-jk.htm#J)

To do justice: to ensure that all persons are treated fairly. Fergie Jenkins was not treated fairly. He was let off, even though he committed a crime and admitted his guilt. As you will see here, Fergie Jenkins did not receive justice.

In order to treat all persons fairly, a set of laws -and corresponding punishments- must be set out, and adhered to when the situation described therein occurs. Justice would state that if a certain crime is committed, and proven to have been committed, then a certain, predefined punishment is the consequence for that crime.

All cases are, of course , subject to some form of leniency given unexpected or extraneous circumstances. A case like Fergie Jenkins, however, is a normal case occurring under completely normal circumstance. It is therefore subject to the punishment that has been selected and imposed as being appropriate to the offence. In this way, judges do not need to make up a sentence, and there is conformity throughout different locations as to crime and punishment.

In this case, Fergie Jenkins was caught possessing cocaine, an illegal narcotic, in an amount sufficient for personal use only. He pleaded guilty immediately to the charges against him. For this crime, the punishment has been set at a fine of $1000, and an optional 30 days in jail. The judge is supposed to have "no discretion", which protects his/her rulings from personal biases or emotions. Fergie Jenkins committed a crime, and justice would dictate that he be punished for it. Instead, he was given an absolute discharge, letting him off the hook with no criminal record. This was not justice, he was not treated fairly. The judge took pity on him because he knew a conviction would destroy Fergie's career. This brings to mind an old saying: "don't do the crime if you can't do the time." Fergie Jenkins should not have carried or done cocaine if he was not prepared to accept the consequences if caught. As such, justice demands that for the possession of cocaine, Fergie Jenkins should have been fined $1000. He was not, he was let off the hook. Fergie Jenkins did not receive the justice that he deserved.

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