"I believe in equal access to the courts and each citizen's obligation to obey, honor, and sustain the law." --Chris Bevans

Friday, October 5, 2012

The Kind of Judge I Want to Be: Fair and Balanced

When a jury is present in a criminal trial, it is the jury that decides innocence or guilt.  Then, it is the judge's responsibility to assign punishment (sentencing) if the accused is found guilty.  On one occasion I attended a trial where the evidence was extremely compelling and everyone in the court knew that the defendant had committed the crimes of which he was accused.  The jury found him guilty. Even at sentencing, the defendant continued to blame others for his actions. The judge could see that this man had no remorse for what he had done and chose to assign the maximum penalty possible under the law.  In a different setting, with a different defendant, a jury again found the accused guilty.  Though the prosecution recommended a severe penalty, the same judge considered that this was the first offense and recognized that this person had genuine remorse for the crime he had committed. As a result, he gave a less extreme punishment feeling that such a course of action would be better for everyone. This judge understood the importance of balancing the conflicting principles of justice and mercy and arrived at a fair and balanced decision in both cases.  That's the kind of judge I want to be.

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