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Home >> Legal matters

Equal justice under law

The phrase "Equal justice under law" is on the front of the United States Supreme Court building in Washington D.C.  It's origins seem to be from a paraphrase of an earlier expression, coined by Chief Justice Melville Fuller.  When writing about the case Caldwell v. Texas from 1891, Fuller wrote this about the 14th Amendment:

"By the Fourteenth Amendment the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law."

Of course, it would have been an enormous building, or very small writing, to get this all on, so it was condensed down to that familiar phrase.

In fact, the notion isn't that new.  In a funeral oration in 430BC, the Athenian leader, Pericles, discussed this very topic.  To read some 20th century takes on what he said, you can look at Wikipedia's page on the topic of Equal justice under law.

Is equal justice under law an American reality?

While theoretically "equal justice for all" is morally profound, in reality it doesn't exist.  Very few people who will read this are as "equal under the law" as the mega rich and famous.  The simple fact is, most of us don't have, perhaps don't even KNOW, an attorney, let alone have one standing by, at our beck and call, on retainer.  We simply cannot afford it.  What the Bill Gateses and Oprah Winfreys of the world understand is that specialized legal consultation is one of the wisest counsels to seek when you are making important decisions or experiencing difficulties.  Seeking legal help is not something reserved for criminals or the wealthy.  It is something the majority of us need, from time to time.

The vast majority of Americans are legally out in the coldNot just for the rich

But hold on a second.  It's not only the rich and famous who are "more equal than others" (to quote a line from George Orwell's "Animal Farm").  If you're unlucky enough to be down on your luck for whatever reason, and can't afford legal defense, the state pays for one.  This is done through the Public Defender's Office. 

So where do the bulk of us fit in?  If we say that the top 10% of America are the ones with attorneys on retainer, and the bottom 25% would get legal help through the PDO, where does that leave the other 65% of us?  You guessed it - out in the cold, without a legal leg to stand on!

The right to remain silent... and to a phone call...

We can all quote the arresting officer's spiel pretty much by heart, but have you ever stopped to think about your "rights" at that moment?  You're given the right to a phone call, but who do you ring?  What's your attorney's number?  Assuming you even have one, would he or she be any use to you at a critical moment?  Your tax-qualified attorney won't know all of the criminal ins and outs.  And, assuming again you have an attorney, what's his home number when you're stopped at 2.30am?  Can you ring him then?

Unfortunately, the right to remain silent is about all most of us can really avail ourselves of.  We have no attorney to ring.

Equal justice under law - you CAN have it!

But there is hope for the average, hard-working American.  Affordable legal representation, drafting of wills, perusal of contracts, and general legal advice are now available easily and cost effectively.  Don't jeopardize your legal future any longer. Click the "Get FREE Information" button at the top left of the page, and take back your right to equal justice under law today!

 
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