Empty Justice was written for the Flux Theatre Ensemble Foreplay series Human 2.0 that was leading up to their production of DEINDE. I have yet to see DEINDE (have my ticket for next week) but believe it happens sometime in the near future, so the foreplay leading up to it asked playwrights to reflect on certain concepts and human senses as they might be in the future.
Since the evening mine would go up was close to World Theatre Day, playwrights in our evening were specifically asked to choose amongst the ideas of Nation, Borders, Language, Diversity, Justice - all concepts addressed on World Theatre Day through various activities. The concept of Justice and how we enact it in our society is of particular interest to me, since my day job tends to hover around the legal system like an irritating fly capturing it's human drama.
Flux produced my full-length play Menders in their last season - and their Foreplay series has repeatedly kept me writing and reflecting on things I might not otherwise by writing short plays reflecting on a larger theme. There is something about knowing you have a deadline and that your words will be seen and heard that is motivating for a playwright, or at least for me. Several of those short plays from Flux Foreplays appear in this blog.
Here is a brief interview with me about the future from the Flux Blog that appeared in conjunction with this project.
Empty Justice has since been published on Indie Theater Now with the other plays that had staged readings that night. And the short plays from the following evenings will soon be published as well.
And it is published right here, so hope you enjoy.
Characters:
Judge
Bailiff - Al
Convict 1 – male
Victim’s family 1 - Female
Convict 2 -female
Victim’s Family 2 - male
A Bailiff sits paging through documents. The Judge enters and sits at their bench.
Judge
Good morning Al.
Bailiff
Good morning your honor.
Judge
We have a full docket today.
Bailiff
We do. You know, after the holidays all these things build up.
Judge
Did you do anything exciting over the holidays?
Bailiff
Naw, just family stuff, you know?
Judge
Yes.
Bailiff
How about you?
Judge
Same.
Bailiff
Yeah.
Judge
Okay, I think I’m ready. Are you ready to get started?
Bailiff
Yup. I’ll bring them in.
Judge
Thank you Al.
Bailiff leaves through one door and seconds later re-enters with Victim’s Family 1.
Bailiff
Ms. Song please have a seat here.
Victim’s Family 1
Okay.
She sits in a chair and the Bailiff goes out through another door.
Judge
Ms. Stacy Song?
Victim’s Family 1
Yes.
Judge
You are here today as a representative of the victim Kiro Song and his family?
Victim’s Family 1
Yes.
Judge
You have been elected by your family and approved by the Federal Government of the United States, and the State of Nebraska as the official MR for the victim Kiro Song. If at any time you yell, stand, cry-out, or are disruptive to this process in any way – you will be restrained and will face potential criminal charges yourself – as well as jeopardizing this conviction. Do you understand?
Victim’s Family 1
I do.
Judge leans over and speaks into a piece of his desk.
Judge
Bailiff, please bring in the convict in the Kiro Song case.
The bailiff enters with Convict 1, who is shackled at the feet and hands.
Bailiff
Sit here. You are to remain in this seat until you are asked to leave. Do you understand?
Convict 1
Yes.
The bailiff attaches the shackles to a bar in the floor.
Judge
David Ainsworth, you are here for the sentence you received on March 1st for the felony murder one conviction against Kiro Song. Do you understand that you have been convicted of murder in the first degree by a jury of your peers and that as punishment you have been sentenced with one Culling plus 25 years imprisonment?
Silence
Judge
Do you understand Mr. Ainsworth?
Convict 1
I do.
Victim’s Family 1
Why did you do it? He didn’t do anything to you.
Judge
Ms. Song, this is not the time for those types of questions. Can you remain calm during this process or do we need to find and approve another representative?
Victim’s Family 1
I’m sorry. I will be quiet.
Judge
Now for the Culling, Ms. Stacy Song has been named as the victim’s representative in this case and will be the one to choose. So, Ms. Song, you will be granted access to Mr. Ainsworth’s memories for a period of one minute. Please don’t worry about the time limit, what you need to find should be clearly visible to you in your mind. We limit the time for Culling for your own safety. Ms. Song, we will allow you access to Mr. Ainsworth’s mind and you are to choose which memory you would like to remove. We will then remove that memory completely from Mr. Ainsworth’s mind and he will no longer be able to access or recreate that particular neuropathway. Afterward, Ms. Song, you will be taken to another room where you will meet with one of our Social Workers who will give you several options for follow-up help, if you find that you need it in the coming days, weeks, months, or years. This can sometimes be a traumatic process for those tasked with Culling but we have deemed you to be of exemplary mental health or you wouldn’t have been approved – so I assure you once this is over, you should be fine. Do you understand all that I have just said Ms. Song?
Victim’s Family 1
I do.
Judge
Bailiff, please connect Ms. Song to Mr. Ainsworth.
The Bailiff moves around connecting the minds of the two, and the judge attaches a device so that he can monitor.
Judge
I will be monitoring and will be the one to remove the memory. Bailiff, is all ready?
Bailiff
Yes, your honor.
Judge
And the Court Reporter is turned on to record?
Bailiff
Yes, your honor.
Judge
I will now connect you Ms. Song.
Victim’s Family 1
It’s dark in here your honor.
Judge
It will get clearer.
Convict 1 squirms and itches.
Judge
Mr. Ainsworth, you will experience a mild discomfort but I assure you this will be over soon. What do you see Ms. Song?
Victim’s Family 1
Um, several file cabinets.
Judge
Do you see the difference between the cabinets?
Victim’s Family 1
Yes, some look old and dented, and some look brand new.
Judge
This is not due to actual age, but the bad memories should be stored in the older ones and the ones that look newer may have the fonder memories. If I were you I would check in there.
Victim’s Family 1
How do I check?
Judge
Imagine opening a drawer.
Victim’s Family 1
Okay, I have opened a drawer.
Judge
How does it feel?
Victim’s Family 1
Warm, I see a bunch of images, I feel loved and warm.
Judge
This was a good drawer. Do you see the memories defining themselves.
Victim’s Family 1
I do.
Judge
And do any standout?
Victim’s Family 1
Yes, one, there is a man holding a baby.
Judge
Who is that man?
Victim’s Family 1
It is the murderer.
Judge
Mr. Ainsworth is holding a baby.
Victim’s Family 1
He is, he is cradling it. It is in a blanket but is blue and pink and misshapen, like it’s just been born. He is smiling.
Convict 1 smiles, and moves his arms as much as he can to cradle a baby within his shackles.
Victim’s Family 1
It is his baby.
Judge
Would you like to look further or is this the memory you would like to cull?
Victim’s Family 1
I can’t do this.
Judge
We can keep looking.
Victim’s Family 1
I can’t do this.
Judge
I should remind you Stacy Song, don’t lose yourself in Mr. Ainsworth’s mind. He is the one convicted of stabbing your husband twenty three times in front of your son.
Victim’s Family 1
Take it.
Judge
To be absolutely clear, Ms. Song, you would like for me to remove the memory of Mr. Ainsworth cradling his newborn baby forever.
Victim’s Family 1
Yes, take it.
Judge
Please confirm for me one more time, Ms. Song.
Victim’s Family 1
Remove the memory.
Convict 1
Nooooo!
Judge
It has been done.
Victim’s Family 1 rips the device off of her that connected her to Convict 1. Convict 1 slumps in his chair, and Bailiff removes the device from him. The Judge removes the device. The Judge and Victim’s Family 1 take a deep breath.
Judge
Mr. Ainsworth, you will now begin your imprisonment. You will serve a sentence of 25 years with credit for time already served. Bailiff, please remove Mr. Ainsworth.
The Bailiff unshackles Convict 1 from the floor, and moves the groggy inmate out the door he came from.
Judge
Ms. Song, thank you for your brave service. You must now check out with our Social Worker, who will greet you as soon as you exit the door at the back of the courtroom.
Victim’s Family 1
(sadly, confused)
Thank you.
Victim’s Family 1 leaves through the door she entered. The Bailiff returns.
Bailiff
Tough one?
Judge
Not particularly.
Bailiff
Next one?
Judge
Let’s keep moving, we have a lot to cover before lunch.
Bailiff
This is a big one. 10 counts.
Judge
Oh, the Marcy Ferguson case?
Bailiff
Yes.
Judge
How many Victim’s Reps?
Bailiff
6. First one is George Burnett, father of two eight-year-olds.
Judge
Okay, let’s get this one over with.
Bailiff
Okay.
Bailiff leaves through one door and seconds later re-enters with Victim’s Family 2.
Bailiff
Mr. Burnett please have a seat here.
Victim’s Family 2
Here?
Bailiff
Yes.
He sits in a chair and the Bailiff goes out through another door.
Judge
Mr. George Burnett?
Victim’s Family 2
Yes, your honor.
Judge
You are here today as a representative of the victims Amelia Burnett and Darren Burnett and their family?
Victim’s Family 2
Yes, sir.
Judge
You have been elected by your family and approved by the Federal Government of the United States, and the State of Nebraska as the official MR for the victims Amelia and Darren Burnet. If at any time you yell, stand, cry-out, or are disruptive to this process in any way – you will be restrained and will face potential criminal charges yourself – as well as jeopardizing this conviction. Do you understand?
Victim’s Family 2
Yes, sir.
Judge leans over and speaks into a piece of his desk.
Judge
Bailiff, please bring in the convict in the Burnet case.
The bailiff enters with Convict 2, who is shackled at the feet and hands.
Bailiff
Sit here. You are to remain in this seat until you are asked to leave. Do you understand?
Convict 2
Yes.
The bailiff attaches the shackles to a bar in the floor.
Judge
Marcy Ferguson, you are here for the sentence you received on March 4th for the felony murder one convictions against Amelia and Darren Burnett. Do you understand that you have been convicted of murder in the first degree by a jury of your peers and that as punishment you have been sentenced with two Cullings plus 50 years to life imprisonment?
Convict 2
I do.
Judge
Do you understand Ms. Ferguson, that after Mr. Burnett is done Culling that you will have eight other memories culled by other Victim’s Representatives?
Convict 2
I do.
Judge
Now for the Culling, Mr. George Burnett has been named as the victim’s representative in this case and will be the one to choose. So, Mr. Burnett, you will be granted access to Ms. Ferguson’s memories for a period of two minutes. Please don’t worry about the time limit, what you need to find should be clearly visible to you in your mind. We limit the time for Culling for your own safety. Mr. Burnett, we will allow you access to Ms. Ferguson’s mind and you are to choose which two memories you would like to remove. We will then remove those memories completely from Ms. Ferguson’s mind and she will no longer be able to access or recreate those particular neuropathways. Afterward, Mr. Burnett, you will be taken to another room where you will meet with one of our Social Workers who will give you several options for follow-up help, if you find that you need it in the coming days, weeks, months, or years. This can sometimes be a traumatic process for those tasked with Culling but we have deemed you to be of exemplary mental health or you wouldn’t have been approved – so I assure you once this is over, you should be fine. Do you understand all that I have just said Mr. Burnett?
Victim’s Family 2
I think so.
Judge
Bailiff, please connect Mr. Burnett to Ms. Ferguson.
The Bailiff moves around connecting the minds of the two, and the judge attaches a device so that he can monitor.
Judge
I will be monitoring and will be the one to remove the memory. Bailiff, is all ready?
Bailiff
Yes, your honor.
Judge
And the Court Reporter is turned on to record?
Bailiff
Yes, your honor.
Judge
I will now connect you Mr. Burnett.
Victim’s Family 2
It’s dark in here your honor.
Judge
It will get clearer.
Convict 2 sits calmly in a somewhat meditative state.
Judge
Ms. Ferguson, you will experience a mild discomfort but I assure you this will be over soon. What do you see Mr. Burnett?
Victim’s Family 2
Still not much, it is very dark.
Judge
It is, but some objects will become clear. Are you seeing any shapes in the darkness?
Victim’s Family 2
There are some outlines.
Judge
Try to get closer to those.
Victim’s Family 2
How?
Judge
Imagine you are moving closer to what you see.
Victim’s Family 2
I don’t want to.
Judge
Why?
Victim’s Family 2
They are, they’re boxes I guess – but this sounds stupid, but they seem frightened. The boxes are dark and dusty and frightened.
Judge
I assure you, this is a new experience for most people, so nothing sounds stupid. Are you close enough to touch these boxes?
Victim’s Family 2
Yes, now I am.
Judge
Do some appear to be different than others?
Victim’s Family 2
No they all look the same, some are just stacked higher. Everything is so dirty.
Victim’s Family 2 coughs a little, and rubs his closed eyes.
Judge
This is a tougher case than we normally find. It is often more obvious than this, so we may have to do some searching. Is there any box that appears newer, cleaner, perhaps further forward or on its own?
Victim’s Family 2
There are ones that are further forward, and alone.
Judge
Imagine opening one of these boxes.
Victim’s Family 2
Okay. It’s horrible in here, there is a woman being pushed against a wall and hit in the face.
Judge
You can close this box and open another.
Victim’s Family 2
I can’t get it to close.
Judge
I will close it for you. Okay. Now you may check another one.
Victim’s Family 2
This is worse than the last one.
Judge
What do you see?
Victim’s Family 2
I don’t want to say.
Judge
It is important for the Court Reporting device that you describe what you see because the records can’t reflect what you have seen in Ms. Ferguson’s mind.
Victim’s Family 2
Can’t you say.
Judge
I cannot Mr. Burnett. I know this is a difficult process but it will be over soon.
Victim’s Family 2
A man, the same man I think, is raping a little girl.
Judge
Now you may close the box.
Victim’s Family 2
I can’t keep doing this.
Judge
You can Mr. Burnett. Please try one more and if we can’t find something for you to take, we can bring in another Rep for your children. Perhaps you wife?
Victim’s Family 2
No, I will do it. I am opening a box furthest front.
Judge
And what do you see?
Victim’s Family 2
It is my children’s school, and Ms. Ferguson is there and she is having the children line up against a wall, she has a gun in her hand-
Judge
Mr. Burnett, please close this box immediately.
Victim’s Family 2
There they are, Darren and Amelia.
Judge
Mr. Burnett, please leave this area of Mr. Ferguson’s mind before I have the bailiff disconnect you.
Victim’s Family 2
Okay. I’m out of it, I’m out of that box.
Judge
Mr. Burnett, I believe at this point we should get another Representative to come in to cull the memories required for this sentence.
Victim’s Family 2
No, I know, I know which memories I want taken.
Judge
But we haven’t found any good memories.
Victim’s Family 2
I want to remove the memory of the little girl being raped. No one should have to carry that, and I want the memory of her killing my children out of there. I don’t want her to have the satisfaction, and I can’t imagine my beautiful babies living in this horrible woman’s memories forever.
Judge
Mr. Burnett, you do understand this is intended to be a punishment, that the point of this program is to remove pleasant memories?
Victim’s Family 2
I do.
Judge
The memories you have chosen are not good memories, and it might be more punishment to allow them to stay for Ms. Ferguson’s remaining life.
Victim’s Family 2
I understand. Those are the ones I want Culled.
Judge
Are you sure you wouldn’t like to keep looking or to allow a family member with more perspective to do this?
Victim’s Family 2
I have all the perspective I need.
Judge
To be absolutely clear, Mr. Burnett, you would like for me to remove the memory of Ms. Ferguson being raped as a child by her father, and the memory of her killing ten children at the Roosevelt Elementary School from her mind forever.
Victim’s Family 2
Yes, sir.
Judge
Please confirm for me one more time, Mr. Burnett.
Victim’s Family 2
I confirm.
Convict 2 sighs with relief once and then begins to cry.
Judge
It has been done.
Victim’s Family 2 removes the device off of him that connected him to Convict 2. Convict 2 becomes aware of her surroundings and stops crying, and Bailiff removes the device from her. The Judge removes the device. The Judge and Victim’s Family 2 take a deep breath.
Judge
Ms. Ferguson, you will now be taken into a room while the other Victim’s Reps are prepped for their culling. You have been very lucky, Mr. Burnett has been kind to you. I don’t know if the others will be so kind but you owe him a debt of gratitude.
Convict 2 says nothing, but looks at Mr. Burnett confused. The Bailiff unshackles Convict 2 from the floor, and moves the groggy inmate out the door she came from.
Judge
Mr. Burnett, thank you for your brave service. You must now check out with our Social Worker, who will greet you as soon as you exit the door at the back of the courtroom.
Victim’s Family 2
Sir?
Judge
Yes, Mr. Burnett.
Victim’s Family 2
Are they all like that?
Judge
No, they aren’t Mr. Burnett, or I couldn’t do this job. You are a forgiving man.
Victim’s Family 2
I don’t have any other choice.
Victim’s Family 2 leaves through the door he entered.
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