A 21st Century Parable
Who doesn’t get it?

“Commonwealth versus Ray Franklin, Case No. 06-00412-46, violation of MVC 4436.01(a), traveling 81 MPH in a 65 MPH zone,” read the District Justice [DJ]. “How does the defendant plead?” “Not guilty.”

The DJ said, “O.K., everyone who is going to testify rise and be sworn.” Three men took the oath and the DJ said, “Mr. Redkin, present the Commonwealth’s evidence.” Trooper Josh Redkin presented the Commonwealth’s evidence that Ray Franklin was speeding in his 18 wheeler on Interstate 80. When he completed the DJ asked, looking at Ray Franklin, “Cross?” “No, your honor.” “Present your case then Mr. Franklin.”

“Can I have my pastor speak on my behalf?” “Is this some kind of character evidence?” the DJ asked. Rising from the seat next to Franklin, a tall graying man said, “No your honor. This is more of a defense.” “What is your name sir?” “Dr. Henry Cantwell Monksimmion, pastor of the Church of the Celebration Presbyterian Church.” “OK, Dr, Monksimmion, what would you like to say?”

“Ray is a parishioner of mine and a truck driver for over 30 years. If he is convicted of speeding, he will lose his operator’s license. He would no longer be able to drive and provide for his family. This would destroy his self-esteem and who he is as a human. This should not be the goal of the Commonwealth. So, I believe in this case, Mr. Franklin should be exonerated from the speeding law.”

“I should absolve him of speeding because of his particular circumstances?” asked the DJ. “Yes,” replied the pastor. “How can I justify that?” replied the DJ, “the law is the law.” “But,” responded the pastor, “in the situation of Ray it should be interpreted differently.”

The DJ asked a third question, “You are not arguing the law is somehow wrong, just that it not apply to Mr. Franklin?” “Oh, no. I am most certainly reaffirming the validity of the law. We need speeding laws. It is just that it must be applied differently in situations like Mr. Franklin’s. Mr. Franklin is a fine man, attends church regularly, pays taxes, belongs to Kiwanis, contributes to the United Way and his kids are on the honor role. He just has a little problem speeding and I think the law needs to be applied differently for him.”

“A problem speeding,” the DJ raised his voice. “This is his 12th violation in 5 years. That’s more than a little problem.” The good pastor was became indignant, “You just don’t seem to understand, sir. Mr. Franklin’s status as a human is at stake here…the way he sees himself and how he contributes to society. He is a very nice, kind and considerate man. In all his speeding, he has never had an accident. No one has been harmed. So, surely you can apply the Commonwealth’s law in a way that is affirming to all that is good about Mr. Franklin. Otherwise, he will be harmed as a person and the Commonwealth will be acting in an onerous and discriminating way against him.”

The DJ paused for a long time before speaking. “Padre, I think it is you who does not understand. If I did what you want me to, everyone would want the same treatment…”Yes, I know it is the law, but my special circumstances should exempt me from application of that law.” If I do that there is no law at all except what each person wants. We are a land of laws not men. I, as well as Mr. Franklin and you too Padre, are under the authority of the law. For me to decide who is to be exonerated from the law makes me the law. That may work in your world Dr. Monksimmion, but it does not work in this courtroom.” He continued, “Guilty, fine to be in the amount of $600, plus costs, the defendant to surrender his operator’s license to the Commonwealth for a period of ninety days.” The gavel hit the bench. “Next case.”