Sunday, July 6, 2008

Free Pass for Judges - Self Bestowed and Undeserved

K.R. has received a communication taking issue with his advocacy of sanctioning judges and parole board members who free violent predators to commit further atrocities. The dissenter -- a lawyer with a big firm and very much part of the elite legal establishment -- argues that it is important to society to have these officials make decisions without fear of punishment or personal liability for judgments that later prove to be faulty.

The argument would have merit were it not for the fact that the judges who get a free pass have made surgeons and other doctors, police officers, and even soldiers in combat subject to legal consequences for their mistakes. Isn't it at least equally important to society to have these people as free as judges to act in accordance with their best judgments?

Furthermore, medical professionals, cops, and GIs in battle often have to make instant decisions based on limited perceptions and incomplete information in highly dynamic and very tense situations. Judges have the luxury of being able to gather, and carefully weigh and consider whatever facts they deem relevant before reaching a decision.

Who then is more deserving of a free pass for the decisions they make?

Also, keep in mind that K.R. merely would require erring officials to explain decisions that later lead to horrendous consequences, and subject them to sanctions only if they are unwilling or unable to provide reasonable rationales for their actions.

The exemption from accountability exists for only one reason -- judges have bestowed it upon themselves and zealously guard it and one another. It will continue unchanged unless and until an aroused citizenry demand that their elected lawmakers enact legislation ending it.

No comments: