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Thousands of U.S. judges who broke laws, oaths remained on the bench

reuters.com

141–150 of 219 posts

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#141

Earlier quoted context omitted.

No. Assuming we're talking pretty usual traffic tickets and not talking about driving in a grossly negligent way, no one should _ever_ go to jail for traffic tickets. Largely this logic should apply to any malum prohibitum crime. There are plenty of other ways to enforce these fines/tickets.

Then you effectively are creating a maximum punishment that could easily be ignored by some of the population. Take speeding tickets. What if a person just decides not to pay and keep speeding? Not that they can't, but they don't. Eventually you lose your licenses. You continue to speed, getting more tickets, and now also getting tickets for driving without a license. You continue to refuse to pay the fines and conti…

> Then you effectively are creating a maximum punishment that could easily be ignored by some of the population.

No, just moving what the maximum punishment is from jail time to a boot on their tire. Conversely, who says jail time is enough? Why not make the maximum even worse than jail? At some point you have to have a max, just advocating that the max is reduced.

> Take speeding tickets. What if a person just decides not to pay and keep speeding? Not that they can't, but they don't. Eventually you lose your licenses. You continue to speed, getting more tickets, and now also getting tickets for driving without a license. You continue to refuse to pay the fines and continue to drive without a license. You aren't driving any differently than when you received your first ticket, so there is no increase in negligence. What option do you think the courts should have to someone who acts like this? Currently there is jail time for contempt of court, but we are taking that away.

How about a boot on their car? Seizure of their car for failure to have a license? Mandatory community service? That would prevent them from driving without a license, but not put them in jail. Wage garnishment is another one, they can keep speeding all they want

> You can try to forcefully take the money, and if they are earning a paycheck hopefully the business agrees.

The business doesn't have a say in wage garnishment.

> But what if they don't, or what if the person does not earn income in a way that the state can easily seize it?

Boot their car. Or seize it.

> You could seize their property, take their car, etc. But at that point you are still threatening prison if they physically try to stop the police. Yes, the crime is now escalated to assaulting an officer, not just speeding, but it is all because of that speeding ticket. And if they resist with enough force, they may face lethal force in return. All for a speeding ticket.

Assault is not malum prohibitum. Assaulting someone is evil in itself and depending on the facts of the case would mean jail time whether that assault stemmed from a ticket or not. Removing the possibility of someone going to jail altogether is not what I am advocating for.

> That's how our legal system is structured. Any punishment is accompanied by a risk of a harsher punishment if it isn't followed. If you ever have a punishment that is not, then you effectively have a law that can be ignored (which we see sometimes with businesses who break laws and pay fines lower than the profit they earned from breaking the law).

Not any. Most crimes have a maximum punishment. The maximum punishment for malum prohibitum crimes should be something less than prison.

As an aside, it's okay if there are edge cases where you have some rich person with no paycheck and 100 cars and loves to flaunt their ability to speed without repercussions because they can easily afford the ticket (or refuse to pay) or use one of their other cars.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#142

Earlier quoted context omitted.

The problem isn't that judges are elected, but that it's nearly impossible for voters to make an informed decision. In the last election, I tried to find out about the local judges on my ballot and could find virtually nothing. The media has been neutered in to an infotainment machine, so there's very little investigative journalism left even on issues of national or international importance, much less on small issue…

The problem isn't that judges are elected This is definitely one of the problems. There was a study that showed judges were handing stricter sentences for the same crime during election years than non election years ("tough on crime"). Elections are a popularity contest in a way, even well informed voters do not always make rational decisions. If one doesn't have elections to worry about, he/she can do their job to t…

Yes, because unaccountable lifelong appointed judges works so well in other spheres, yes?

Jefferson, Madison, at al feared the Judiciary for a reason. Particularly the Federal tier. Elected judges have a built in check in that they are subject to periodic reaffirmation of confidence from the populace. An appointed judge just needs the right connections once, and to not do anything on such a regular basis that they become the subject of an ethics investigation.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#143

Earlier quoted context omitted.

What is truly criminal is many judges retire with seventy five percent to up to one hundred percent of their salary plus benefits. I really wish people here would understand the real fleecing of America isn't by the CEOs of the country, they cannot make you pay their retirement but public servants can and those at the upper levels easily pull down one hundred thousand or more per year when retired!

Pensions aren't truly criminal.

My dad has a decent government pension. He also paid 12.5% of his salary towards it for 30 years. And the pay rate was about 10-20% less than private industry. In short Government paid my dad to do a job and it came with higher deductibles, lower salary but decent benefits and a pension.

Big fucking whoop.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#144

There are two justice systems: One for the politically connected. One for everyone else. Who watches the Watchmen?

It is a bit more complicated than that. There is a tiered system based on your connections, class (wealth), gender, race, appearance, and other factors (these factors are not weighted equally). To further complicate it these factors are weighted differently for different categories of crimes.

>To further complicate it these factors are weighted differently for different categories of crimes.

And weighted differently by local norms.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#145
I mentored a convicted felon through Defy Ventures a few years ago.

He had a wonderful idea for an app. Something that stuck with me for the last few years.

Why isn’t there a yelp for the public sector including the judicial system? Every day you walk into a court room how do you know what to expect?

If you are suddenly in front of a judge that decides your life’s fate wouldn’t you want to pull up historical data that tracks and publishes the judges decisions, the feedback from others who have been in your place, and be able to contribute after your experience?

Wouldn’t the same be good for police? So citizens can pull a badge number and see what people in that community have to say about that cop?

He wanted the app to have a panic button where users could predefine their most important emergency contacts to be pushed to social media and texted with a link to livestream what is going on (e.g. local news outlets, family, friends, lawyer(s), etc...) as the app would be broadcasting audio/video of the event unfolding.

Defy Ventures is more designed for helping someone start a food truck business than building software. The idea stuck with me though and with the renewed focus on keeping power in check it should exist. If anyone wants to talk with this man who came up with the idea let me know.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#146
post #3

> Judge Les Hayes once sentenced a single mother to 496 days behind bars for failing to pay traffic tickets. The sentence was so stiff it exceeded the jail time Alabama allows for negligent homicide. > Johnson’s three children were cast into foster care while she was incarcerated. One daughter was molested, state records show. Another was physically abused. Speechless... Makes my blood boil

Not to defend the judge in that case in any way, but there is a question about whether/when it is OK or even desirable for judges to intervene "indirectly" with their power. For example (just an example, not suggesting this is how it was), suppose in the case you mention that the mother was suspected of being abusive or negligent, but that a prosecutable case couldn't be made for that, and that the traffic tickets we…

Those are some intense mental gymnastics.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#147

Earlier quoted context omitted.

The main boon is that a judge can be removed democratically. Obviously there are better ways to do that, like having a recall process or a vote of no confidence, but the USA's states were mostly created during a time when being able to vote judges out of office was politically trendy. Also, speaking as somebody who recently voted for local judges and prosecutors, I got to choose a prosecutor who won't take police-uni…

> I got to choose a prosecutor who won't take police-union money You see this seems massively inappropriate in the first place. Take that money for what? A prosecutor shouldn't take any money from anyone, in any circumstance, apart from their salary. They shouldn't even be talking to a political organisation like a union. Both things seem like grounds for automatic dismissal for a prosecutor. Why are you having to ch…

The district attorney, being an elected prosecutorial position, can spend money during the election; I chose the candidate who did not have a political action committee funded by the police union.

Yes, it's stressful being a vigilant voter. But what's the alternative? Not caring?

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#148

I mentored a convicted felon through Defy Ventures a few years ago. He had a wonderful idea for an app. Something that stuck with me for the last few years. Why isn’t there a yelp for the public sector including the judicial system? Every day you walk into a court room how do you know what to expect? If you are suddenly in front of a judge that decides your life’s fate wouldn’t you want to pull up historical data tha…

It would turn into what every review system on the web is: a place to get petty revenge. Make people use their real identity and have criminal liability for lies of commission and omission, then you might have something. But probably just one more mechanism for idiots to go to jail.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#149
post #104

Earlier quoted context omitted.

Towing, impound, booting of the vehicle? Revocation of license? Community service? Wage garnishment?

For the very poor, a short (few days) stint in jail would be far preferable to having your car impounded. That's the problem with these debates about penalties--for the very poor, any penalty might be life destroying. But then how do you incentivize certain kinds of behavior? And how do you determine when somebody is too poor to be subject to any kind of penalty? Any loopholes you create will always be abused by the…

> For the very poor, a short (few days) stint in jail would be far preferable to having your car impounded.

This is probably true, but a car impoundment isn't a first pass at punishment. It would presumably be after someone is a severe repeat offender with no remorse. It's okay to set a maximum punishment, say car impoundment, and then judge from the fact pattern that someone deserves the max punishment. I do hope that the max punishment is less preferable than other hypothetical punishments.

> The real problem is that the poor are very often unplugged from civil society as experienced by the middle classes. They don't have a stake in it. Rather than just throw up our hands, if we're serious about the plight of poverty and its ill effects, we should be more proactive. Keep the penalties, because jail time is something everybody understands, no matter how poor you are. But be proactive about not only enforcement but remediation. Send the darned judges to the people rather than making the people come to the judge. If all the person can afford is a quarter, then take the quarter and thank them for their time and their participation.

This is a fine take, but is nearly impossible to do wholesale because there are so many entrenched interests. You're talking about a fundamental change (that I agree would be good) to the whole justice system and its goals, which isn't practical in any sense. But in this hypothetical world where the whole justice system is changed, I might agree that jail time is something that could be on the table for speeding tickets.

However, that is not going to happen anytime soon, and certainly not all at once. While we ponder how to enact a total overhaul of the justice system, let's make speeding tickets not have jail time as a punishment.

> The goal afterall isn't punishment for punishment's sake, it's to heal the wounds to civil society caused by law breaking, repairing the relationship between the offender and the community, and bringing the offender back into the fold. If the offender doesn't have any sense of a personal relationship with the state, then punishment imposed from a distance can't meet even half of its function. Moreover, no penalty whatsoever, or one with no teeth, does absolutely nothing except reinforce the estrangement, which is worse. It's like leaving the mentally ill on the street to rot to death out of some absurd sense of individual liberty; it functions only to make the non-mentally ill feel more secure in their privileged circumstances, rather than addressing any of the real underlying issues.

This is super debatable and there are many schools of thought on the goals of punishment. Some say people should be punished for punishment's sake, and indeed the way sentences are handed out in many cases reinforces that this is the prevailing view.

Re: Thousands of U.S. judges who broke laws, oaths remained on the bench

#150

Earlier quoted context omitted.

No. Assuming we're talking pretty usual traffic tickets and not talking about driving in a grossly negligent way, no one should _ever_ go to jail for traffic tickets. Largely this logic should apply to any malum prohibitum crime. There are plenty of other ways to enforce these fines/tickets.

I believe Jail time should only apply to people who are actively a threat. I know it's not popular, but I am in favor of some form of corporal punishment over jail time, and even over fines. Fines are meaningless to the wealthy, and devastating to the poor, but getting flogged feels the same to everyone.

A poor driver is an active threat. Fines aren’t devastating to the poor. They don’t pay them, thus this woman.
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