a few hundred yards from the Grange. They could get a couple of the less fit guard volunteers to be the jail guards and use the older and overweight volunteers for jail guard duty.
“How do we feed them?” Grant asked. “I mean, I know we need to feed them, but I don’t want scarce food to go to prisoners. Explain that one to hungry residents. People will decide to steal and then get free meals.”
“Well, that’s a problem,” Rich said. “We have to feed them something. Maybe we’ll have them work for their meals. If they’re too dangerous or it becomes too hard to guard them, they just stay in the jail. Maybe we feed them the food no one else wants. Hey, maybe we have them test food that’s beyond expiration dates. Sounds cruel to use prisoners for human experiments, but hey…”
“Sounds good to me,” Grant said.
“OK, we have a plan for the jail,” Rich said. “What about the death penalty?”
“I hope we don’t have to find out,” Grant said, “but odds are that we will.” Grant had actually thought about this quite a bit, but didn’t want to appear morbid to Rich. “I read a great survival novel called One Second After . In it, they had a court system kinda like we’re talking about. They had a judge, but he didn’t execute people. The idea was that the guy imposing the sentence shouldn’t be affected by the fact that he has to do the deed—whether he likes it too much or hates it. So, they drew lots from volunteers and the volunteer shot the convicted person. Although, I think hanging would be a better way. It’s more civilized.”
“OK, we hang them,” Rich said. “We have a judge. I guess that’s you, since you’re the only lawyer we have out here.”
Grant knew that he would be the judge. He didn’t want to do it—he didn’t want to mistakenly punish an innocent person—but he had special skills and training and could perform a job no one else out there could. “Yep, I’m the judge unless anyone else wants to do it,” Grant said. “I’ll be elected, I guess.”
Grant thought a little more and said, “The guiding principle, besides fairness, is the Constitution. We honor the Fourth Amendment prohibition on unreasonable searches. We respect people’s property. We even honor the Fifth Amendment right against self-incrimination, as much of a pain in the ass as that is. People have the right to confront their accuser.”
Grant started going through the Bill of Rights by memory. “OK,” he continued, “no cruel and unusual punishment, either, which is, I seem to recall, the Eighth Amendment. Jail time and hanging is not cruel and unusual punishment for a serious crime. Having hungry people test expiration dates on food isn’t cruel in my book—they should be glad to get any food at all if they’ve stolen or hurt someone. Let’s see. Oh, people have a Seventh Amendment right to a jury trial. That’s a big one.”
“A jury shouldn’t be too hard to come by,” Rich said. “We call on adults who are not directly connected with the defendant. We give them lunch. That’ll draw them in.”
“Yep,” Grant said. “As the judge, I would make sure the jury is a fair one. No one can be on the jury who is related to the defendant or has a beef with them. I’ll need local people who know everyone to help me with that since I don’t know all the connections people have out here.”
Grant thought for a moment and then said, “Hey, I know how we can draw random people for jury duty. The lot numbers. Draw them from a hat so people can see this is fair.”
Rich liked that. “Yeah, fair is the key to this. People have to see everything we’re doing. The process has to be open for public view. People are so disgusted by the way the old government did things with favors for people and groups that we need to be extra transparent and fair.”
Exactly, Grant thought. Man, he and Rich were like two peas in a pod.
“We’ll have simple rules of evidence,” Grant said.