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Imagine two defendants, in court for sentencing:
The first defendant is a violent criminal. He attacked his victim in a parking lot, and continued to beat and kick the victim long after the victim had fallen to the pavement, unconscious. The victim nearly died on the way to the hospital, lost his own job because of the long convalescence, and is still walking with a noticeable limp several months later. The victim and his family are still suffering the consequences of the attack and demanding the longest sentence the judge can impose.
The second defendant is a young, first-time offender, who was a star athlete in high school and is planning to attend college. He and his girlfriend were accosted after leaving a convenience store by a group of thugs. Their gang leader picked a fight, not knowing that his would-be victim was more than his match. Unfortunately, the defendant lost his temper and, having gotten the upper hand, continued to fight long after the bully had fallen to the ground, unconscious. He inflicted major injuries to the body and head before calming down enough to realize what had happened. Even though the rest of the gang fled once it became apparent that their leader had gone down, the defendant was the one who called 9-1-1 to summon help, and he remained on the scene until the police arrived.
Most people would agree with the victim's family, and think that the judge should throw the first defendant in jail for as long as possible. But many would feel a measure of sympathy for the second young man, who seems to be a decent sort who acted out of character for a moment--and then, only when he was attacked, himself. And a lot of people might even be willing to cut the second defendant a little slack, especially since the bully may very well have died if the defendant hadn't proved more help in a crisis that the bully's own ne-er-do-well friends.
Judges are often blamed for our crime problem, dismissed as soft or too lenient on criminals. But sentencing a defendant is an intensely personal job. The judge must consider the offense as well as the offender--must take into account the damage caused by the act, as well as any extenuating circumstances that might suggest tempering justice with mercy--and must do so in the face of the often-strong emotions that crime stirs in the hearts of victims and citizens. To be "soft on crime" may be a serious failing in a judge; to be too cold-hearted to see the human tragedy that many crimes bring to everyone involved can be an oppressive one, as well.
The rigid formalities of a courtroom may strike some as pompous or pretentious. They harken back to our Common Law heritage, when judges were the representatives of the king. But we rise when the judge enters the room out of respect for the office, for the job can be difficult and, at times, heart-wrenching. Judges must, by the very nature of their work, make many difficult decisions every day--decisions that change the lives of the people that come before them.
Sometimes, when they are lucky, they have clear guidelines in the Law to guide their actions. They may not always like the result, but like everyone else they are just doing their jobs. And they can take some measure of comfort in the fact that they, too, are bound by the law.
At other times, the Law leaves the decision entirely to them. Their actions will be dictated not by Law but by their own conscience--and these decisions will be the loneliest, most difficult decisions of all.
Like deciding how to sentence the two defendants in court today...who happen to be the same person.
Jeffrey Caminsky, a veteran public prosecutor, specializes in the appellate practice of criminal law and writes on a wide range of topics. Both his science fiction adventure novel The Star Dancers, the first volume in the Guardians of Peace (tm) science fiction adventure series, and The RefereeÂ’s Survival Guide, a book on soccer officiating, are published by New Alexandria Press, http://www.newalexandriapress.com
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