One thing to keep in mind when we are discussing the criminal justice process is that it is government that acts on our collective behalf through through a system that deprives or seeks to deprive one of life, liberty, or property. In doing so, government must develop and apply a process and apply that same process to everyone.

The US and state constitutions were drafted and ratified in part to protect us against the potential ravages of government, not one another. They realized that any one of us could at any time become subject to the criminal justice process and they wanted to insure that there were constraints and requirements placed upon governments to to maximize the integrity of the process.

Now, statutory law seeks to protect us against the ravages perpetrated by individuals acting on their own behalf. To the extent that such laws enhance our feeling of safety and security, they enahnce our emotional, psychological, and economic prosperity.

Thus, I don't see such laws or the processes that stem from them to be a mechanism through which the feelings of families of victims are to be assuaged.

Last edited by olivant; 07/20/08 04:05 PM.

"Generosity. That was my first mistake."
"Experience must be our only guide; reason may mislead us."
"Instagram is Twitter for people who can't read."