I love watching Law&Order. Husband, not so much — but really, I am the one with the remote control in the house so he has to deal with whatever crap he thinks he’s watching. I’ve been watching Law&Order since I was in high school and old enough to understand the awesomeness of the program.
Of course I understand, that for some people it is not more than usual crime drama. For me it is more than that. It is more than CSI where a group of people are sweeping the crime scene, trying to solve the puzzle. With Law&Order, the puzzle is usually not difficult, nor unique. It is usually just a common crime done by common people. But that’s not all it is about.
The original Law and Order has this very famouse narration in the beginning of the show:
“In the criminal justice system, the people are represented by two separate, yet equally important, groups: the police, who investigate crime; and the district attorneys, who prosecute the offenders. These are their stories.“
Got it? That’s at least the idea of how the criminal justice system works in the US.
How about Indonesia?
I’ve been thinking about this a lot since the trial for Jessica started weeks ago. The official trial, that is. Months ago, I have talked about this, and I have sensed how scarily flawed our criminal justice system — that is, if we based our judgement on this trial. How even the judge seems to “nudge nudge wink wink” with the persecutor, ignoring the fact that this case has not got enough evidence to go on a trial.
Yes. Of course… I have watched enough Law&Order to understand that there is something called “Circumstantial Evidence”. Unlike CSI who are working with hard evidence such as DNA, fingerprint, fibres, and blood spatters, the detectives in L&O also works with circumstantial evidences. What are they? Motives, opportunities, and alibi, and the like.
However… “She looks dodgy” is not a circumstantial evidence, it is an opinion. “Her attitude is unusal” is not a circumstantial evidence either. It might lead the investigation to find evidence, but opinion is opinion and SHOULD NEVER EVER be used as an evidence. Circumstantial evidence could be: “oh she’s got a connection to someone who can get her cyanide”, or “this is the evidence that she will gain something from the death of the other girl”, or “this is the evidence of the relationship in the past, and here are some witnesses who heard her said something about killing this woman”. Strong circumstantial evidence.
What I saw in the trial of Jessica was criminalisation. The fact that the case is so high profile, and the eyes of the media are all on it, it would be embarrassing for the persecutor to ditch the case and admit that there’s no case against this woman. It reminds me of the trial of the former KPK director Antasari Azhar.
At that time there were NO evidence linking him to the case. It was clear that the evidences were planted, and even the circumstantial evidence were made up. The witnesses disappeared after the trial, so that nobody could prove that they have committed perjury. Even the family of the victim begged the court to continue the investigation and release Antasari as they KNOW that it wasn’t him who killed their beloved one.
But in the end, they brought him down anyway.
And, hey! If it worked for a high profile individual like Antasari Azhar — a man with such a status, well known as someone who’s always in the right side of the law, why can’t it work to Jessica? She’s just a young woman, visiting home to see family and friends — maybe for Chinese New Year — oh and minority too. Should be easy, isn’t it?
But if it worked to Antasari Azhar and Jessica, two high profile cases in the country, how do you know that there are no cases like them that is not covered by the media? How do you know that if one day you are so unfortunate being caught up in a criminal case, and you’re innocent… How do you know that you could get a fair trial? How do you know that you can rely on your evidences, alibis, and innocence? How do you know that things would be alright if you do everything right?
To close my entry today, I will give you a video… The video is a fragment from Metro TV’s program NSI (News Story Insight) presented by Aviani Malik about the victims of wrong persecution that you might have never heard before.