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January 25, 2008

Judicial corruption ratings--too bad to be true?

Transparency International's 2007 Report documents corruption in the judiciary.  While the substantive essays by many L & D scholars are excellent, I wonder about the cross national survey results.  The survey asks respondents whether they think the judiciary is corrupt in their country and rate it on a scale of 1-5.  TI then presents countries ranked by the percent of the public that rated the judiciary 4 or higher. I assume that the 90% of Paraguayans or Peruvians who responded that the judiciary was corrupt knew what they were talking about, but what is one to make of more than 50% of Americans answering the same way.  Even more puzzling is that 25%+ of Japanese would so answer, even though as John Haley has shown, there has never been a single documented case of corruption in Japan.  And I doubt that scholars who have emphasized the political responsiveness of the Japanese judiciary, such as Mark Ramseyer, would use the term corrupt to describe it.

The only explanation is that corruption means different things across countries.  The report defines judicial corruption as “any inappropriate influence on the impartiality of the judicial process by any actor within the court system.” This definition includes actions by the police, prosecutors, court staff and bailiffs as well as judges. It could include media influence and popular pressure on the courts or politicization of the appointments process, concepts usually affiliated with judicial independence (itself considered a good thing). If respondents in some countries are thinking about one form of “corruption” and those in others focusing on different issues, the index is not internally valid.

January 25, 2008 | Permalink

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Comments

In regards to America's criminal justice system in
general. It is the most oppressive in the world! I've
been to or lived in many different countries,
including "third world" and in no way shape or form
would the populations of these tolerate the corrupt
intolerance of it's own citizens! The "law" cannot be
just when it is Just-us! In other words the law and
justice has become self serving- immune to civil and
criminal penalties and self regulated (absolutely
unaccountable) ! The media doesn't even acknowledge the
this is a trend that all Americans would find shocking
if the media would educate them on it! But ironically
it won't!

The biggest branch of our "equal" branches is by far
the Judiciary and this was warned against by our
founding fathers. It is made up of "sworn officers of
the court" (sworn to uphold the Constitution) .
Consider this while our sons and daughters are dying
so Iraq can have a Constitution and experience
freedom! Police from the multitude of alphabet soup
agencies- FBI,ATF,CIA, CIS,SS,Fish and Wildlife,Park
Rangers,Prison Guards,Sheriffs, State Troopers,Border
Patrol and Immigration, ETC... just to name a few make
up but some of these officers of the court!

Combine the collective bargaining power of these
unionized agencies who spend huge amounts of capital
lobbying this zero tolerance police state garbage,
with the combined collective bargaining power of the
various "Bar Associations" who lobby for the same!By
the way this creates enormous wealth for their
collective industry. Now get some of the players from
these arenas together and create publicly held Prison
corporations and what do you get? You get a twisted
government at the private sectors bidding that creates
more and more sick laws and excuses to lock up it's
population for profit! Ah yes un-regulated capitalism.
America the prison of freedom!

The most important thing here to understand is the
complete lack of "equal protection of the law"! It's
the poor that overwhelmingly get incarcerated and or
super-regulated! Us News and World Report did a great
article entitled "When the Poor go to Court" where
Judges, Lawyers and some of the top brass at the
American Bar Assoc. in Wash. D.C. openly acknowledged
that the weakest economic sector's (working blue
collar to poor) rights are not upheld in the
"honorable" courts of law. Oh well. God Bless America!

Ironically this great rich country that the whole
world respects for it's freedom (ha) also has a
problem with the poor's access to medical treatment.
The elderly have choice between their meds or a roof
over their head. Children live on the street because
the jobs their parents have are not enough to provide
a stable life for them anymore, while jobs pour to
countries with cheap labor. Oh well. God Bless
America! A great nation is defined by how it treats
it's underpriveledged and poor.

Buy the way, the middle class are the newest addition
to the "almost impovershed" and I think they are
starting to catch on.

It's funny that when I watch the news it's almost as
if the media sensationalizes the common "citizen
crimes" even victimless ones, while avoiding news
coverage that a vigilante press should cover. A
vigilant press being one as a check against attacks on
freedom from within our own borders. Yes a press that
keeps it's citizens informed when officers of public
trust are not held accountable to the very rule of law
(the Constitution) that protects the American citizen
from abusive public servants.

There is so much more to this and it is such a deeply
rooted decadence that people (formerly proud
Americans) right here at home are starting to hate
this country and see it for what it has become! But
let's not forget the international community, heaven
forbid! It seems the citizenry out there is not to
fond of this unregulated super-capitalistic approach
to freedom either!

There is a sleeping giant awakening and eventually all
sides of these issues are going to suffer. This
confrontation will be between the super-capitalists
(profit above all else) and freedom fighters (those
who would die defending the Constitution) ! It will
destroy the economy and in the end all will suffer.

The bible says "when the righteous are in power the
people will rejoice" The world realizes that with
those in power we have today only some at the top
rejoice! That will change, but at a great cost!
My belief is that of Robert
Vaccas in the book "The Coming Dark Age"

"In the imminent dark age people will endure hardship,
and for the greater part of their time they will be
laboring to satisfy primitive needs. A few will have
positions of priviledge, and their work will not
consist in...cultivating the soil or in building
shelters with their own hands. It will consist in
schemes and intrigues, grimmer and more violent than
anything we know today, in order to maintain their
personal priviledges. ...

Yes and history repeats itself yet again. The US and
the world is in for the fight of it's life.

Bob Striffler

Posted by: Bob Striffler | Feb 11, 2008 1:04:31 PM

In regards to America's criminal justice system in
general. It is the most oppressive in the world! I've
been to or lived in many different countries,
including "third world" and in no way shape or form
would the populations of these tolerate the corrupt
intolerance of it's own citizens! The "law" cannot be
just when it is Just-us! In other words the law and
justice has become self serving- immune to civil and
criminal penalties and self regulated (absolutely
unaccountable) ! The media doesn't even acknowledge the
this is a trend that all Americans would find shocking
if the media would educate them on it! But ironically
it won't!

The biggest branch of our "equal" branches is by far
the Judiciary and this was warned against by our
founding fathers. It is made up of "sworn officers of
the court" (sworn to uphold the Constitution) .
Consider this while our sons and daughters are dying
so Iraq can have a Constitution and experience
freedom! Police from the multitude of alphabet soup
agencies- FBI,ATF,CIA, CIS,SS,Fish and Wildlife,Park
Rangers,Prison Guards,Sheriffs, State Troopers,Border
Patrol and Immigration, ETC... just to name a few make
up but some of these officers of the court!

Combine the collective bargaining power of these
unionized agencies who spend huge amounts of capital
lobbying this zero tolerance police state garbage,
with the combined collective bargaining power of the
various "Bar Associations" who lobby for the same!By
the way this creates enormous wealth for their
collective industry. Now get some of the players from
these arenas together and create publicly held Prison
corporations and what do you get? You get a twisted
government at the private sectors bidding that creates
more and more sick laws and excuses to lock up it's
population for profit! Ah yes un-regulated capitalism.
America the prison of freedom!

The most important thing here to understand is the
complete lack of "equal protection of the law"! It's
the poor that overwhelmingly get incarcerated and or
super-regulated! Us News and World Report did a great
article entitled "When the Poor go to Court" where
Judges, Lawyers and some of the top brass at the
American Bar Assoc. in Wash. D.C. openly acknowledged
that the weakest economic sector's (working blue
collar to poor) rights are not upheld in the
"honorable" courts of law. Oh well. God Bless America!

Ironically this great rich country that the whole
world respects for it's freedom (ha) also has a
problem with the poor's access to medical treatment.
The elderly have choice between their meds or a roof
over their head. Children live on the street because
the jobs their parents have are not enough to provide
a stable life for them anymore, while jobs pour to
countries with cheap labor. Oh well. God Bless
America! A great nation is defined by how it treats
it's underpriveledged and poor.

Buy the way, the middle class are the newest addition
to the "almost impovershed" and I think they are
starting to catch on.

It's funny that when I watch the news it's almost as
if the media sensationalizes the common "citizen
crimes" even victimless ones, while avoiding news
coverage that a vigilante press should cover. A
vigilant press being one as a check against attacks on
freedom from within our own borders. Yes a press that
keeps it's citizens informed when officers of public
trust are not held accountable to the very rule of law
(the Constitution) that protects the American citizen
from abusive public servants.

There is so much more to this and it is such a deeply
rooted decadence that people (formerly proud
Americans) right here at home are starting to hate
this country and see it for what it has become! But
let's not forget the international community, heaven
forbid! It seems the citizenry out there is not to
fond of this unregulated super-capitalistic approach
to freedom either!

There is a sleeping giant awakening and eventually all
sides of these issues are going to suffer. This
confrontation will be between the super-capitalists
(profit above all else) and freedom fighters (those
who would die defending the Constitution) ! It will
destroy the economy and in the end all will suffer.

The bible says "when the righteous are in power the
people will rejoice" The world realizes that with
those in power we have today only some at the top
rejoice! That will change, but at a great cost!
My belief is that of Robert
Vaccas in the book "The Coming Dark Age"

"In the imminent dark age people will endure hardship,
and for the greater part of their time they will be
laboring to satisfy primitive needs. A few will have
positions of priviledge, and their work will not
consist in...cultivating the soil or in building
shelters with their own hands. It will consist in
schemes and intrigues, grimmer and more violent than
anything we know today, in order to maintain their
personal priviledges. ...

Yes and history repeats itself yet again. The US and
the world is in for the fight of it's life.

Bob Striffler

Posted by: Bob Striffler | Feb 11, 2008 1:05:58 PM

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