Graham Heights
Beginnings
Chapter 24
Justice Can't Wait
Journal Entry - July 23rd 2019
Alan Scott
We have gone for almost two years under the Militia rule, which was very restrictive and yet effective. We still had the dusk till dawn curfew and adherence to the chain of command. Elders being at the top and the foot soldier at the bottom. The chain of command enforced the rules and food rationing. It was the one and only authority that all supervisors and people reported to.
It was time to start revising this practice. We had gained another 75 people from Eatonville, the suspected settlement was discovered or rediscovered when went to see how the damn had survived after two years of inactivity. To our surprise it was well maintained and was feeding the small settlement that had never left Eatonville, to include a doctor. After some intense negotiations we came up with a mutual agreement. They may have had power, but had little to no farm lands and due to the altitude a very short growing season. They basically had the capacity to exist, but little else. Luckily our little railroad was able to make it all the way to Eatonville and it would be the route in which we would string out power lines and restore a higher standard of living for everyone.
Unfortunately it was this very connection that created our first ever sexual assault which then lead to a crime of passion. All of which would require a judicial systems not yet set up. We had no jail or prison, so we took one of the containers that was part of our wall system and placed the suspect in it for two day. We let him out to relieve himself and to eat, but other than that he was to remain locked up. Our sheriff did an investigation with two of his deputies and reported to the Elders on a daily basis.
As the facts unfolded we learned that a young Eatonville man had visited our settlement and stayed for several days. On his last night he had liberated some alcoholic beverages and had invited the daughter of a farmer on a “hay ride.” When she got back to her family, she claimed that the young man from Eatonville had raped her. Her eldest brother tracked down the Eatonville man and killed him.
We summoned the doctor and had the young lady examined. This is where things started to breaking down. The doctor had never examined a woman for rape and was not certain that the evidence supported the accusation or not. It was clear that the woman had intercourse, but it could not be determined if it was forced or not. The woman had cuts and bruises that supported her story. So, more investigation would be required.
This was a case that would have to come to trial and Elders were going to have to establish a rule of law. and some sort of rights for all people under the jurisdiction of the colony. It was long overdue and now under duress. For the interim it was decided that two Elders of Graham Heights and Two representatives from Eatonville would preside over the case and try to determine how justice could be served.
This is where things went horrible wrong. Our lawyer friend decided that he would represent the young man in detention and the dead boy’s uncle wanted to play the role of prosecutor. It was a bad idea from the start and after our lawyer presented a plea of not guilty, even though the young man had clearly stated that he had killed the Eatonville man. Well the whole court broke down and had to be postponed until cooler heads could sort out how to proceed.
Our farmer, Jason Stanley took on the role as defender as he knew his son. And the Uncle a Mr. Jesus Sandoval was to be the prosecutor. The plea was changed from not guilty to guilty with special circumstance. This court was trying to determine justice, not just guilty. As the evidence was presented and witnesses brought before the court it was determined that this was not the Eatonville man’s first time to force himself on a woman. It had never gone so far as to be rape, but under the circumstances, it was determined that Mr. Stanley’s daughter was raped. Still the killing was not justified as the Eatonville man(whose name was stricken from the record to protect his family) should have been brought before the Elders and charged. He would have faced the court and been found innocent or guilty. If guilty then a suitable punishment would be enforced. That is what should have happened. Now they were forced to punish Mr. Stanley’s son. Again no prisons and or jails, so what was to be done?
The Mr. Sandoval came up with the solution. Mr. Stanley’s son was to serve the family of the slain boy for a period of five years, at which time he would be free to come back to the farm. He would essentially be an indentured servant and fulfil all the obligations the young man was doing until the slain boy’s younger brother could be brought up to take over. Jason Stanley was to be presented to the Elders in Eatonville and was to be under their protection from abuse. His sentence was to serve and be respectful, but not be abused while in Eatonville. An inspection schedule was set up to ensure that this did not happen.
Mr. Stanley was not happy with the sentence, but the alternative was to execute his oldest son. Which would have been a double crime as the Eatonville man would have been executed because the evidence was very much against him.
Mr. Sandoval was to be held responsible for the family’s actions while the boy was in the custody of Eatonville. Basically we were trying to set up the conditions for accountability.
This case ushered in the birth of our first judicial system. A system that was not looking for just guilt and innocence, but justice. So, it was determined that the defense was responsible for half of the investigations and the prosecutors was responsible for collecting evidence and presenting it to the defense. Liability for the verdict did not stop once it was handed down. So, if you looked at the evidence and determined that your client was innocent and you argued and won the case. Your client went free, however if your client committed a similar crime and was found guilty, you got to share in his guilt as you did not find justice in the first case, you just managed to release a guilty man so he could commit a new crime. If you client was obviously guilty then your job was to get the best form of justice you could manage under the circumstances. The end goal was to repay the victim and relearn that working hard and helping others was the best overall path to be on. Not the easiest, but always the best overall. The goal of this system was to ensure that what you earned or produced, was yours and protected under the law.
It was a start to a system that had to remain simple. Our old system was married in mud and became so convoluted that only winners were the layers that manipulated it. Law is not justice if the outcome was determined on the amount spent on the layers that could spin truth into lies and innuendos into facts. This system needed to bring justice so its people could be held accountable if they did something wrong.
Which brings up the problem of right and wrong. We were going to have to define some of these right and wrong issues that seemed to divide us in the past. I remember telling my son once that you could get a ticket for speeding even if you were doing the posted speed limit. He looked at me like I was crazy. So, I informed him that the limit was set based on normal conditions and that if those conditions changed then the speed would have to match the conditions. I then explained that if the conditions turned icy or heavy fog, then it was the driver’s responsibility to identify these conditions and adjust his speed to maintain the safe levels, that the speed limit did under normal conditions.
We would have to work with the representatives and the people to develop a moral code that would have its roots in, I’ll say it, in religion, however will not promote any individual religion that was practiced among the members of Graham Heights. These moral rules would then be shaped into laws. So, if someone was to purchase an item that was well below its normal value and then discover that the item was stolen, then the purchaser would have to give the item back to the original owner, at no charge and report the theft to authorities, or face the same charges as the thief. This seems unfair, however every individual has a responsibility to the whole by uphold the moral code as well as the law. And individuals that thinks they can hide in anonymity will be discovered because people will only deal with those that can be trusted.
Sentencing people for crimes would have to be done with great tact as we have no jail facilities and we do not intent to build any. If the crime were serier then the punishment would be terminal to the convicted party, but for everything else we would have to produce a scale that would be appropriate. Most crime at this time would be theft and or crimes against a person. These crimes would be resolved by a repayment plan. When caught, a person committing the crime would have to repay the victim by one of two methods. One; The perpetrator would be required to fulfill both his duties and half of the victim's duties to the colony until they have paid back double of what they stole or damaged. Two; the perpetrator would work directly for the victim for a period of 4 years or until the debt is paid and his room and board is covered. This indentured service could not extend past 7 years.
In the case of doing physical damage to a person, where that person is incapacitated or can not continue in their line of work, then the guilty party will support them while the victim recovers or is retrained to do something else that is productive to the colony. Again the limit would be 7 years with an annual review to ensure that both parties are progressing towards independence. We do not mean to create a dependency that would result in one party or the other from being fully independent and productive.
The system was simple and as fair as one could make it. It would grow and change, but we had to keep its core alive and strong. The moral code had to be a part of our child care, parenting and scholastic training. It would be taught in the workplace and in the courts and military service. If we were to survive as a social group, we needed to be united around this common core. So our moral code was to encompass everything we do and yet not strangle the life out of us as individuals. That’s why it’s been shelved so many times in the past, however just like the journey of a thousand miles, we need to take the first step and just keep walking...
As you know this blog contains two books of the Remnant Series. Graham Heights is book 3 of the series. Below is more.
You can Leave a comment.
Or hit the subscribe button to get updates on new chapters or books.
Thank-you
R. A. Legg
R.A. Legg © 2016. All Rights Reserved.