The disturbing case of Albert Holland whose lawyer failed to adequately represent him points out a growing problem with our traditional courts: the focus on the law and rules vs. the facts and merits of particular cases in making rulings.
Most American legal cases are being decided on procedure and law, “the rules,” and not on equity or the merits of cases. See Michael J. Sandel’s Democracy’s Discontent: America in Search of a Public Philosophy.
The merits are about people and the particular facts about their unique experience in every conflict. Our courts should be places where people can go to find fairness and justice. Court should be a place where people know they can go to have the facts of their cases heard and considered by other people, judges, who care.
Restorative justice considers people and respects their voices in describing situations. Restorative justice allows people to consider and say what they need to make things right.
It is likely that people embrace restorative justice because retributive justice, and traditional courts, ignore the merits of cases, which is simply contrary to the nature of life. Life is not all about rules and who followed procedures, but about our stories and our particular situations.
We have criminalized many of our serious social problems including substance abuse and mental health, that now the courts are faced with dealing them. It’s tough to face these problems especially when you’ve only been trained as a lawyer. It is no wonder that many lawyers, judges and communities are turning to restorative justice. It is a healthy response to these social problems, and one that recognizes following rules alone does not ensure justice.
Is there any way to bring back a case someone has already been convicted of but was unjustly represented by all legal parties involved with from arresting officer to sentencing judge
I am sorry this happend Christina. Sadly, sometimes people are convicted when they did not commit the offenses they were charged with. You can try contacting the Innocence Project info@innocenceproject.org to see if they might be able to help. For improper policing on you can try the Police Commission in Honolulu and here is information about filing a complaint with it: http://www.honolulupd.org/downloads/HPC_Brochure.pdf If you are not in Hawai‘i your state or country should have some police oversight commission. If a lawyer did not do their job properly you try can contacting the lawyers disciplinary counsel in your state. In Hawai‘i the contact information is: Phone: 808-599-1909
info@dbhawaii.org If a state judge did not do an ethical job you can contacting your state judiciary administrtive offices or ask the disciplinary counsel about your options. If a federal judge did something wrong you could try the federal judiciary or chief federal judge in your court. You can also try contacting the American Bar Association for help: https://www.americanbar.org/groups/professional_responsibility/model_rules_judicial_disciplinary_enforcement/preface/ Good luck and sorry again.