THE BOGEYMAN: Justice system can be flawed

If you're like me, you've not thought much about the justice system here in the United States. We all take it for granted that the third branch of government deals impartially and fairly with accused men and women. We assume that it never fails, that it always reaches the heart and truth of the matter.

In fact, if you've been following my column over the course of this year, you'll know that I often play up Western civilization. I like to emphasize that the societies we've created in western Europe, North America, Australia and Japan are the reason we live in luxury and stability - relative stability, at least - compared to Third World countries torn by civil war and crime. My belief in the greatness of Western civilization, however, certainly does not mean I think our civilization is ideal.

Take, for example, a case in the Australian legal system right now. On June 30, 2004, a young Melbourne man named Christopher Szitovsky opened the front door and found his father lying dead with a bloody ax across his chest. He called police and woke his mother. After more than a year, in late October, 2005 with no physical evidence, police arrested Szitovsky.

For six weeks, he was held without knowing the evidence against him until the prosecution presented its case - a clear violation of the fundamental right of habeas corpus.

The prosecution's case consisted primarily of character assassination, circumstantial evidence, hearsay and an attempt by an undercover police officer to entrap Szitovsky. There is neither forensic nor eyewitness evidence attesting to the claim that Szitovsky killed his father.

The trial commenced in February, and on April 3, after fewer than six hours of deliberation, the jury found Szitovsky guilty of the murder. It disturbs me - as it should you - that the jury could convict so quickly on such flimsy evidence.

Why should you care about the Australian legal system? Why should you care about a 24-year-old literally on the other side of the planet? You should care because what is symptomatic in one part of Western civilization bodes ill for other members of the overall society. Although Australia's legal system is different from the United States', the two still share basic premises: the right to a speedy trial, fair representation, habeas corpus and no entrapment, to name a few.

Australia is blessed with the wealth of a Western nation and cursed with the problems of a wealthy nation: corruption, poverty and apathy. These qualities, which we find so readily here in our country, appear to be what subverted the case against Szitovsky; they could just as easily herald systemic problems with the U.S. justice system.

In fact, the United States probably possesses the most broken of all Western justice systems: Its incarceration rate is six times the west European average, while the violent crime rate is still two or three times as high, according to a recent United Nations study.

Finally, you should be worried about Szitovsky on principle. It is a crime against society and a violation of the most fundamental trusts we place in our government when an innocent man is convicted of a murder he did not commit. The evidence points toward a false conviction; this is cause enough to concern yourself with Szitovsky's case.

Write to Neal at necoleman@bsu.edu


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