The Justice System Myths We Need to Stop Believing
Unpacking the False Narratives That Hold Us Back in Pursuit of Real Justice
In a world driven by ideals of fairness and equality, the justice system often serves as the backbone of society’s moral compass. It’s the institution tasked with enforcing law and order, ensuring fairness, and upholding the rights of individuals. Yet, as anthropologist and historian David Wengrow argues, many beliefs about justice and the legal system are little more than myths. These narratives, embedded into the public psyche, often hinder our understanding of justice and obstruct meaningful reform.
Wengrow invites us to question these assumptions about the justice system, exposing uncomfortable truths and offering insight into the deeper changes needed to achieve genuine justice.
Myth #1: The Justice System Treats Everyone Equally
One of the most prevalent myths is the belief that the justice system is an unbiased, fair institution that applies the law equally to all. However, decades of research and lived experience reveal that the scales of justice are often tipped in favor of those with power, wealth, or social influence. Wengrow points out that the legal system, while outwardly appearing impartial, often replicates existing social hierarchies and privileges. Wealthy defendants can afford the best legal representation, while those with limited resources may rely on overburdened public defenders, with dramatically different outcomes.
In practice, this inequality extends beyond individual cases. Structural disparities affect marginalized communities disproportionately, from higher rates of arrest and sentencing for minor offenses to harsher penalties. True equality under the law, Wengrow argues, would require not only reforms in sentencing and legal representation but also an understanding of the societal factors that shape outcomes in the courtroom.
Myth #2: Crime and Punishment are Effective Solutions
Another deeply entrenched myth is the idea that harsh punishment deters crime and that incarceration rehabilitates offenders. Wengrow challenges this by pointing to evidence showing that punitive measures alone often fail to address the root causes of crime. A society focused on retribution rather than restoration misses the opportunity to prevent future crimes, relying instead on a cycle of punishment that ultimately fails to foster accountability or healing.
Wengrow’s analysis extends to the failures of the prison system itself. Prisons are often rife with violence, neglect, and limited access to rehabilitation programs. For many, incarceration only deepens societal disconnection, creating individuals who are more likely to re-offend after release. This revolving door of punishment, Wengrow argues, traps individuals in a cycle that does little to deter crime and even less to support rehabilitation.
Myth #3: The Justice System is Built to Protect Us All
The belief that the justice system primarily exists to protect citizens from harm is also misleading. Wengrow argues that the justice system frequently serves as a tool to maintain order and power structures rather than prioritizing true public safety. Historical and contemporary practices reveal how legal institutions often protect elite interests, targeting minor infractions while overlooking or under-enforcing crimes committed by those in power.
From selective policing to white-collar crime, the system’s focus often diverts resources away from enforcing laws that genuinely protect the public. This lopsided approach distorts public safety priorities and suggests a need to redefine justice in terms of societal well-being rather than merely crime management.
Myth #4: Justice is Best Achieved Through Individual Accountability Alone
Another pervasive myth is the belief that justice is solely about punishing individuals for their actions. Wengrow highlights that while individual accountability is vital, systemic accountability is equally crucial. Society often overlooks how factors like economic inequality, lack of social support, and systemic discrimination contribute to crime rates. By focusing only on punishing offenders, we miss the opportunity to address these underlying factors, perpetuating cycles of harm and disconnection.
For Wengrow, real justice would include addressing root causes and creating structures that foster opportunity, support, and equity across all social strata. By shifting from a punitive to a restorative justice framework, we can start to tackle the social and economic conditions that fuel criminal behavior.
Myth #5: The Justice System is Too Complex to Change
Perhaps the most limiting myth of all is the idea that the justice system is too vast and intricate to undergo meaningful reform. This myth fosters a sense of resignation, discouraging both individuals and policymakers from even attempting to address systemic issues. But Wengrow argues that this fatalistic view underestimates both the power of collective action and the importance of incremental change. He reminds us that transformative movements in history—from the abolition of slavery to the civil rights movement—were driven by challenging “unchangeable” systems.
Wengrow advocates for a comprehensive rethinking of the justice system that prioritizes fairness, accountability, and human dignity. By addressing each layer of the system—legislation, policing, courts, and corrections—he suggests we can build a system that better reflects society’s values and needs.
Reimagining Justice: Toward an Equitable Future
Wengrow’s critique serves as a call to action. Dispelling these myths requires more than just acknowledging systemic flaws; it demands reimagining what justice truly means. Instead of a system that perpetuates inequality and relies on retribution, he envisions a model based on restoration, community support, and the protection of human dignity.
In challenging the narratives surrounding the justice system, Wengrow invites us to move beyond myths and work towards a legal framework that genuinely reflects our ideals of fairness and equality. True justice will require dismantling old beliefs, confronting the complex reality of societal structures, and embracing change as a pathway to a better, more just society.