Jaywalking and Grace

Most of us, at one point or another, has crossed the street illegally--especially if you live in New York City.  In the city, you're usually late for something (or about to be late) and there is a consistent and great time pressure.  I admit that I have done it twice today, along with a whole group of people.  Even at crosswalks, you can jaywalk if the sign suggests that you don't walk.  I am not writing this to confess my sin (nor do I really feel guilty) but rather to suggest that it is a common enough practice, especially in New York City.  Now, given another location or if I had children with me, I wouldn't probably take the risk and I totally understand that jaywalking puts a liability on my own person as well as of those traveling past at any given moment... but is it really a crime that could include incarceration?

A few days ago, a Chinese man (Kang Chun Wong) was apparently ticketed and later arrested for doing just what he saw everyone else do.  Now, the man spoke little English (remember: the United States currently has no official language) but is reported to speak Spanish and was living in the city of immigrants (so language barriers are a constant problem).  Given the bias of the media (I haven't heard from the NYPD for clarification on questions I have), the 84 year old man, just crossing the street (however illegal) somehow wound up ruffed up by police.  Now the question is: might this man go to jail?

While the lemming theory (if everyone else does it, it must be ok) doesn't ever hold weight in court, if the NYPD decides to prosecute people for jaywalking, then the system must be fair and give everyone a ticket (even the cop who jaywalked with me earlier today).  Targeting one person and later arresting him for something that most cops look the other way on suggests unfairness.  Mr. Wong though apparently can also fight dirty; he is suing for $5 million.

If we talk about God's grace and justice, neither party is right in this case.  While I would say Mr. Wong deserves some financial compensation (and maybe minus the penalty for jaywalking), $5 million is well past the ill treatment he was given and the total medical bills.  And I'm fine with the cops fulfilling all parts of the law and reprimanding those who break rules, but they must follow it too and be consistent in the punishment; the punishment must also fit the crime.  I see speeding as being closely equivalent to jaywalking and most people speeding (provided that drugs aren't involved) don't get arrested.  I wonder what fairness would look like in this case...