Double Standard Reinforces Bad Behavior

 One of the most frustrating aspects of prison, and the justice system in general, is the pervasiveness of double standards. From day one, people who encounter the justice system discover it is not the image of "blind justice" and fairness it is made out to be. 

In the courts, the accused is expected to know the court rules and to follow them precisely, but the court itself often doesn't follow its own rules and procedures. And when their violations are pointed out in appeals, the court rules their infractions "harmless error," even if an error costs a defendant years of his/her life. Additionally, prosecutors are given months to prepare filings and briefs, but defense lawyers and their clients are given days to weeks (especially in appeals). The list of unjust and unfair practices in the courts is long. It's simply not what many Americans think it is. 

And it's not only defendants who are treated unfairly by the courts. Victims are often left in the dark or told (implicitly or explicitly) that their opinions and desires don't count. In essense, the State usurps the offense and makes it a violation against the state. Victims become secondary to the judicial process. 

For offenders, unjust and unfair practices continue in prison. While prisoners are required to follow prison rules, prison administrators and guards often violate their own rules. Prisoners suffer consequences for failing to follow rules. We are held accountable for our behavior, even in prison. But when administrators and guards violate the rules, they "police" themselves, justifying or outright denying their violations, with little to no accountability. The laughable "grievance" process is so broken and useless, it produces no accountability. Yet, prisoners are required by the courts to follow this worthless process before taking a matter to court. What should be resolved in a matter of weeks drags out for months, even years. 

The most frustrating part of the whole system is the blatant double standard that exists. Prisoners are punished for breaking the law, and rightly so, but the courts and prison officials can thumb their nose at the rules, sometimes even breaking the law themselves, without consequence. It reinforces a message the some people (or entire systems) are above the law. It's a grossly unfair double standard. 

What makes matters worse is that some blatant rule violations occur precisely because officials know they can get away with it. They break their own rules to prove their superior position, their position of authority. Prisoners have no authority, so who are we to call for fairness? Who are we to call for justice?

How can society expect prisoners to develop pro-social behaviors--honesty, transparency, fairness, good will--when the people employed to ensure public safety provide such a poor example to follow? It's simply illogical. It's simply one of the many reasons the prison system has such a high failure rate.

Society deserves better for their investment of billions of dollars in "corrections." Society deserves a system that exemplifies justice, honesty, and fairness, not one where its people exploit and abuse their power and reinforce bad behavior through their poor example.