And Justice for All

A Fictional Tale

Benjamin Franklin, George Washington, Thomas Jefferson and James Madison were sitting around a candle-lit table, deep in thought and discussion. A wraith appeared in the dim room but it didn't seem to bother them; apparently they were familiar with its comings and goings. "Have you come to torment us again?" Washington groaned.

"What are you doing?" the ghost asked, brushing aside his rude question.

"Criminal Laws," muttered Franklin. "We created this whole new nation and now we've got to make laws to govern it."

"What are your guidelines?" it inquired further.

"Well obviously," said Jefferson, leaning comfortably back into his chair and taking that opportunity to light his pipe, "we want to be just, first and foremost."

"And we want to be fair," stated Washington.

"And merciful," said Franklin.

"And wise," added Madison.

"So, let me see. You want to be just, fair, merciful and wise," said the spirit, recapping.

"Yes." They replied.

"Why just?" it asked.

They all consented, "Because a nation cannot endure if its laws are not just. An unjust nation will enrich a few and then collapse; all will be lost. Instead of a nation of the people, it would instead be a horror to itself and its neighbors."

"And coupled with justice," interjected Franklin, "the laws must be impartial."

Madison agreed. "The same laws must apply to rich and poor alike, noble and knave."

"And how do you get 'just' laws?" the spirit inquired further.

"They must be fair," said Washington.

"And what is 'fair'?"

"Fair and just laws are laws that neither exceed the crime nor diminish it." replied Jefferson.

"And how is that done?' the ghost persisted.

"We have a proverb," said Franklin, rubbing his stocking feet. "'Let the punishment fit the crime.' Here is an example: If a man steals a loaf of bread, he must return either the bread or the price of the loaf: a penny."

"Plus a little bit more," Madison added, "as a punishment."

"But the 'bit more' should certainly not supercede the value of the loaf." said Washington.

"True. So let the punishment be twenty percent. Let the thief pay the value of a loaf of bread plus twenty percent more," said Madison.

"Why not make the punishment another full loaf of bread?" asked Washington. "Let the thief pay double for his crime. People really need to learn that they are expected to work for their benefits."

"That's where mercy comes in," said Franklin. "Let the judge hear the case and decide whether a fitting punishment in a particular case should be twenty percent more or a hundred percent."

"Ah," challenged the wraith, "why not just cut off the felon's hand? Wouldn't that deter both him and all thieves to come?"

"That is where wisdom comes in," replied Madison. "His hand is his livelihood. Could he thereafter support his wife and children? Would they not also suffer greatly and become wards of their neighbors?"

"Besides that," continued Jefferson, "a hand is of insurmountable worth. It cannot be compared to a loaf of bread."

"Ay," said Franklin. "The punishment should fit the crime. 'An eye for an eye, a tooth for a tooth, a life for a life.' And bread for bread."

"What about life?" ask the spirit. "Do you really want to take life for life?"

"Life is a precious gift from our Creator," said Madison, "and the matter should not be taken lightly. He who steals another man's life forfeits the right to his own. If we were to turn a blind eye to the deeds of a murderer, we partake in his crime. We mock our Maker. We despise the victim's family. We ourselves become unworthy to govern, if we fail to punish murder."

"Then who should be the punisher?" asked the ghost. "Why not the victim's family?"

"No," replied all four almost in unison. Benjamin continued, "That would not do for a number of reasons. One, what if the victim has no family? Two, what if the family is too weak? Three, Punishment should not spring from hatred, fiery anger or vengeance. Only the impartial state should be authorized to punish crime, or deputize those it chooses."

Nevertheless, the spirit would not relent. "Don't you think you should make the murderer really, really sorrowful before ending his life? Why not destroy his family first, making him watch it so he may see how he hurt other innocent people. Then, why not cut him off, piece by piece... his fingers, then his hands, then his toes, then his feet, and so on until he dies a horrible death for his horrible crime?"

"No," repeated Franklin. "Let the punishment fit the crime. It's a life for a life. Punishment should never be done from anger, revenge or hatred. This is a nation we're building, not a hanging mob. We must be fair and just to all, rich and poor alike."

"All?" asked the spirit. "What about treason?"

Washington, Madison and Jefferson nodded in assent. "We cannot separate treason from murder. A person who betrays his own country, his own neighbors, his own family in such a vile way that it could lead to their great harm and possible death, he must also be executed, just as if he had actually murdered all."

The wraith turned to Benjamin Franklin and stared into his eyes. His bony finger reached out and touched Franklin on the nose. "And what say you? Your son, your firstborn, betrayed his nation, his people, his neighbors and his family. Even after promises given, he yet again joined the nation's enemy. Do you agree that your son is worthy of death?"

Benjamin was sorrowful unto death. A tear rolled down his cheek and he lowered his head, staring at the table. Then he spoke, "A nation's laws must be just and fair, and they must apply to all. No one can be exempt, not even I."

A pale fog rose from the wraith's feet and slowly consumed him all. When it lifted, only the four remained: James Madison, Thomas Jefferson, George Washington and Benjamin Franklin.