As you know, I write about a character committed to the pursuit of justice. Lately, I have spent a lot of time thinking about what that means. In order to explain, I have to tell a story about something that recently happened to my family.
The other week, my wife and daughter were hit by a drunk driver on their way home from school. He was doing 80 in a 55, swerved to avoid a truck turning into a driveway, lost control, and hit them pretty much head-on, causing their car to roll four times. I'm sure you can imagine my horror upon learning this. Fortunately, they did not suffer any life-threatening injuries, but my wife's foot has a torn ligament which will require surgery to repair. The driver, who suffered more serious injuries but survived, did not have a license and was uninsured. The state trooper who responded to the collision told us that the driver will be charged with a DUI. In Virginia, the consequences of a DUI are a hefty fine and suspension of driving privileges—a fine that, due to his financial situation, he will be unable to pay and a revocation of a driver's license that he didn't have in the first place. Where is the justice in this? I believe that our justice system should serve two purposes. First, it should be restorative, seeking an avenue to restore what was taken from the victim, both material possessions and peace of mind, and to restore the people's trust in the offender. Secondly, it must protect the citizens of the state from further harm by the offender. Ideally, effective implementation of the first should result in the second, though that may not always be the case. It does not seem that the punitive measures prescribed by the current legal system for drunk driving come anywhere close to doing either of these things. I do not know what recourse we have to seek true justice, but I will continue to explore possibilities. Writing to my state senators and representatives encouraging a change in the law will certainly be on my list. I would rather this man willingly participate in a rehabilitation program of some kind and, perhaps, perform community service with victims of other drunk drivers. This, in my opinion, would be far more restorative and effective at preventing further disregard of human life. But I don't think it can stop there. Anyone caught driving under the influence a second time should be charged with Reckless Endangerment, as they pose a severe and imminent threat to the safety of the general public and should be incarcerated. We are fond of incarceration in the United States, as we have the highest rate of any country in the world. But almost half of those are for largely victimless crimes, like drug sale and possession. That doesn't seem like justice to me, either. Incarceration should be reserved for those who pose a danger to the public—people who show a pattern of reckless behavior resulting in injury and death. We need to seriously reassess criminal law in our states, make sure they align with the true purpose of justice, and change them as necessary. Thanks for coming to my TED Talk.
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