Sunday, July 19, 2009
Personal Experience
Following the recent events revolving around the Sotomayor hearings there has been one thing in particular that has been one thing in particular that has stuck out for me. Sotomayor has on several occasions has been quoted saying that she believes that it is the judges sole responsibility to enforce the laws. On another occasion she has also stated that “life experience have to influence you”. What I find confusing is that if an individual is supposed to let their experiences influence them, how they are going to be able to remain unbiased in a court of law. I do believe that it is the experiences that an individual goes is one of the major things that helps shape who that individual will become. However, as a judge you have to be able to check these types of things at the door when you go to work every day, if not an individual will not be receiving a fair trial which is promised to these individuals when they enter the system because of such things like biases. While it is important for an individual to know such things as where they have come from and remember the things that they have been through, in the criminal justice system today it is supposed to be the judge who is supposed to rule the laws that are on the books and by precedence. There is no room for personal experiences in a court of law.
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I am at a standstill with this notion. Yes, a judge must check their bias at the door. However, this make-up of experiences that a judge possesses is exactly what got them there in the first place. Laws will be followed and when broken, justice will be upheld. The occupation of a judge is pure discretion. An excellent example would be that of law enforcement. They are judges in their own light. Being stopped by a police officer is all based of judgment. They see someone speeding they decide whether or not they want to waste their time and write out a ticket. We can even take it another step. What about the select police officers who give you a warning for smoking marijuana instead of booking you right then and there? Police officers from experience realize that sometimes it is more important to get the bigger fish. The point I am trying to make here is that sometimes experience can be helpful down the line. Sotomayor will uphold the law and justice of this country and there is no doubt about that. Her judgment is her judgment; on the other hand, you still need to maintain your self-wisdom. I believe she can balance the two.
ReplyDeleteWhen talking about judges, it is important to distinguish between Supreme Court judges, which is what Sotomayor may become, and trial court judges. Trial court judges have the duty to enforce the law by using precedent where they can. Supreme Court judges are appointed to determine what the founders of the constitution meant by what they wrote. They also rule on appeals that may not be clear in the written law, civil rights, or new realms of law, such as the internet. As a Supreme Court judge she will draw upon what she believes the constitution was intending, as the judges before her have done.
ReplyDeleteWhile I do agree with you that one's personal beliefs should be checked at the door when it comes to a career in the legal system, I feel as though it's going to happen regardless. To expect a judge to always go by the book is absolutely ridiculous to me. I feel as though half the time the judge isn't even aware that their own experiences and beliefs are affecting their decisions. So while I do wish that it were possible for a judge to remain entirely unbiased, I fear that it is not. So it makes me appreciate that Sotomayer actually admits that a judge makes their decisions based upon these outside factors from the law. To me this gives her a better look at her own decision making process, which will allow for her to correct any biases that she becomes aware of. To me this is the best we can do for our court system, instead of just pretending that because a judge doesn't claim to use their own beliefs in ruling that it means they're unbiased.
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