23 August 2011

Do Americans have any concept of "justice"?

I begin to wonder if the American legal system has any concept of justice at all.

In the course of a discussion about everyday words used as trademarks, someone referred to this:

Seattle woman fights lawsuit for selling Coach purses on eBay | KING5.com Seattle
A Seattle woman is fighting a trendy handbag designer who accused her of trademark infringement for selling her used purses online.

Gina Kim is a former Coach Inc. employee and planned to sell several of her used Coach bags online. But soon after posting them on eBay, she received a threatening cease-and-desist letter from a New York law firm representing Coach.

In the letter, Kim was accused of trademark infringement and threatened with a $2 million lawsuit. The letter also demanded Kim surrender all her merchandise, never sell any of it again, admit guilt and send a $300 check to Coach.

The problem is, such bullying tactics do not seem to be at all unusual. In other countries there are usually Law Societies that discipline lawyers who engage in unethical practices. But American lawyers seem to do it with impunity.

If this were just an isolated incident, one could say that it was an aberration. You always find a couple of bad apples in the sack. But then I recalled the case of the Brewer brothers and their takeover of the SPCK Bookshops in the UK, and their use of lawyers to bully and intimidate anyone who questioned their unethical (and illegal) business practices. Well, they may have been legal in Texas, but they certainly weren't in Britain. Cease and Desist: One Year On | SPCK/SSG: News, Notes & Info
Whilst I wouldn’t go so far as to call it a date permanently etched in my memory, it’s a date I certainly won’t forget in a hurry: it’s the date J Mark ‘Bully Boy’ Brewer (shown right, screen grab from Fox News), Principal of Texas law firm, attorneys and counselors, Brewer and Pritchard PC, issued the first of his now notorious ‘Cease and Desist’ messages, threatening me, my friends and my colleagues with legal action if we didn’t stop reporting on his abuse of his staff and his mismanagement of the former SPCK bookshops.

If that weren't bad enough, I caught part of an interview of a British judge on Sky News. They were asking him about whether Gaddafi, if captured, should face trial locally in Libya or before the International Criminal Court (ICC). The judge said that an ICC trial would be better, because Libya has no independent judiciary and it would take some time to establish one, and so Gaddafi would not face a fair trial in Libya.

He said that there had been the same problem in Iraq eight years ago, where he had been one of those who had taken part in training Iraqi judges in the basic principles of justice.

When it came to the trial of Saddam Hussein, however, the biggest problem was the Americans, who did not want Saddam Hussein tried before the ICC because they would not impose a death sentence. And so he was tried by Iraqi courts, but when the British-trained judges questioned unjust legal practices, they were sacked.

There seems to be quite a big cultural gap, at least, between British and American conceptions of justice. Things that Americans seem to regard as normal inspire anger and revulsion in British people. That is not to say that there are no miscarriages of justice in Britain. There are. But they are not recognised as a normal part of the legal process.

And then comes the last straw: Libya: Scottish Officials Try To Contact Al-Megrahi In Tripoli As Unrest Spreads | UK News | Sky News:
Scottish officials are continuing urgent efforts to contact the Lockerbie bomber, amid the changing situation in Tripoli.

Under the terms of his compassionate release from Greenock Prison two years ago, Abdel Basset al Megrahi has been routinely checked upon by officials from East Renfrewshire Council...

Jim Swire, who lost his daughter Flora in the Lockerbie bombing, believes Megrahi was wrongly convicted and is concerned he could come to harm.

He told Sky News: "I think he might well be assassinated by whoever takes over the part of Tripoli he's in.

"I believe he could also be handed over to the Americans, or abducted by them."

And it appears that US politicians are already demanding that al Megrahi be handed over to them. But should anyone be handed over to a nation that has such a corrupt legal system and no conception of civilised justice, but only of tribal vengeance and the blood feud, as is shown by the bullying tactics routinely adopted by its lawyers?

Americans love to criticise Sharia law as being barbarous -- but can they demonstrate that their own legal system is any better?

1 comment:

PamBG said...

Then there is the cancer charity that has tradmarked the phrase "fight for the cure" and seems to have made it a policy to sue other charities (for cancer or other diseases) who use that phrase. Which I find shameful and disgusting.


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