I recently read a long essay in the New York Times Sunday magazine about a young lady, Noura Jackson, who spent nine years in jail because of prosecutorial bad behavior. In this woman’s case, exculpatory evidence was withheld at trial and from the defense. When that evidence was uncovered and revealed the woman was released. Ultimately, the prosecutor and her staff were exonerated. Imagine yourself with nine years of your life unjustly spent behind bars and the people who deliberately perpetrated this outrage got off free. Law and order? Justice? I don’t think so. It is, in fact, more like rewarding pathological lying.
The ethos that caused this young lady to lose those nine years of her life is pervasive in both criminal and civil courts. The base cause of callous disregard for Justice is, as I see it, the national American fixation with winning at all costs and Truth be damned. In fact, the compulsion to win seems to have infected the entirety of our society with damaging effects to trust and civility. In civil cases incentive is provided by insurance companies who pay lawyers to beat back claims to “win” regardless of facts, regardless of damage or injury. It isn’t only a matter of insurance company lawyers pursuing claimants but also plaintiffs’ lawyers who sue businesses for claimed injuries to person or property under questionable circumstances and find sympathetic juries to award damages. In both instances what we have is an assault on truth and the social contract by lawyers. This aberration and negation of justice will continue for as long as lawyers are paid to “win”. They “win” and society loses.
The American ethos of relentless competition and winning is impressed on children practically from the day they are born as parents compare birth weights, the first time on the potty, and cheer passionately at little league ball games. Cooperation is regarded as “Socialist” and it is well on its way to being declared unAmerican. Our reigning president constantly touts himself as a “winner” because he knows the idea resonates with his base. According to him everything he touches “wins” and his fans hang on every utterance basking in his success and wealth beyond the dreams of avarice becoming vicarious “winners” themselves. This “winning” administration is working with the Republicans in Congress to make cuts to education, health care, social security, food stamps, Medicaid, disability benefits, unemployment benefits, the National Institutes of Health, the US Centers for Disease Control and Prevention, the National Science Foundation, the National Heart, Lung, and Blood Institute; the list is long and, if they are successful, the inflicted pain and social disruption will be widespread. Yes, indeed. Step right up folks – everyone’s going to be a “winner”.
Once those cuts to government programs are in place and the savings awarded to billionaires as tax breaks what will be left for those social programs the general public depends on so much? People will be “great” and simultaneously diminished. The winners will be losers. The cutting sword cuts both ways. There is a pathology to this. In fact, this pathology is the working definition of sociopathy: “… a disorder manifesting itself in extreme antisocial attitudes and behavior and a lack of conscience.” The populist “will of the people” has become the 21stcentury equivalent of phlogiston, the 17th Century magical ingredient, making everything add up regardless of “facts”. Who needs facts, who needs truth if you’re a “winner”?
In the face of what is being said and promised by our new president and what is actually taking place, we must wonder about pathological lying and why people who are most injured by those lies vote for the liars. These people are voting against their own best interests, they are living in some kind of alternate universe fueled by resentment and anger. I read an interview recorded at a rally with an enthusiastic Trump supporter and it went as follows: “ I’m distrustful of most politicians, usually. They say almost anything. At least this administration is doing something. Whether it’s too fast, or outside of already in-place procedures, I really don’t know.” When asked to name an example of something that is “being done” the happy voter was at a loss, he couldn’t name one thing. In spite of or maybe because of, all this America is, at last, “winning” and on its way to regaining its lost “greatness”. Winning in this society has become a meta-political illusion, a dream world, that rationalizes political and lawyerly anti-social behavior as “greatness”. It’s a head scratcher all right. It’s a con game and our tattered social contract is being taken to the cleaners.