A recent article by Frank Parlato questioned the justice of marijuana laws that may result in the confiscation of the $ 70,000 home of Richard and Laurie Brothers for the alleged sale of less than $ 200 worth of marijuana.
A letter writer challenged the article, saying that because Brothers
"knowingly broke the law" he should be punished for his transgression.
The tragedy of our time is that you can have a nation of laws without justice -- witness Germany of the Third Reich. But we in America profess that law is not enough: Justice must be the goal of our laws.
Is it just to take away a man's home for the alleged sale of less than an ounce of marijuana? Does the punishment fit the crime? Should he be punished even though no one was injured by the transaction?
Ours is a system that attempts to balance the letter of the law with the spirit of the law. Indeed, this is the role judges assume in the
administration of justice.
Demands for obedience to the letter of the law are destroying the spirit of the law. Real justice requires that the rights of the individual be balanced against the claims of the state.