JUSTICE

I Wish Justice Truly Were Blind

That would be expensive, yes, but much more fair

DALLE 2 image of blindfolded jurors by author

Imagine if you could have a trial where the the judge and the jury only knew facts without knowing the specific people or companies involved, so the defendant is always a faceless John Doe or an unnamed company.

We certainly don’t do that now. We say that everyone is equal under the law, but obviously that isn’t true. The rich and powerful often get different treatment than the poor and powerless. The “jury of peers” may not be peers at all.

For example, Donald Trump is a polarizing figure. Can he really ever get a fair trial when almost everyone has very strong opinions about him, positive or negative? His supporters would absolve all guilt, the rest of us might want him in jail with no trial!

So how could we fix that? Masks and voice garbling? A black man in a mask is still black, a white man in a $3,000 suit is obviously not poor. A man speaking broken English will be seen differently than a native speaker. Prejudice and racism can’t be hidden that easily. Only completely blind justice could prevent that.

Two trials

You’d need a traditional judge and jury who would decide what facts could be passed to the blind jury and how identifying…