Tuesday, December 19, 2017

More thoughts on Smug Satisfaction

I have been thinking a lot about the moment where one of Pres. Trump's judicial nominees struggled to answer questions that most first-year law students could address, and I think the problem isn't really with the fact that so many of these nominees don't have trial experience.

Think about the "trial experience" line for a moment. Who, with the kind of gold-plated credentials necessary to get an Article III judicial nomination, would have extensive trial experience? The only people I can think of are career prosecutors, and the last thing we need is more prosecutors on the bench or, for that matter, in positions of power, period. For example A of the misguided notions that career prosecutors hold onto, facts be damned, see our present attorney general, Mr. Curtis "never saw a 'tough-on-crime' policy he didn't like" Hill.

We need more judges with a breadth of experience and understanding in the, dare I say it, real world. Neither Ivy Leaguers nor prosecutors can speak much to the experience of the guy who had a tough time making ends meet and decided to sell a dime bag to supplement his income. The more we refuse to understand the dime bag guy's experience, the more misguided and counterproductive we will be in our efforts to enforce the law and pursue justice.

This is simply my $0.02. I think that I have made fairly clear my distaste for prosecutors, even though I have a dear friend who is one (and he probably gets tired of my constant snide remarks).

1 comment:

  1. Wow you are so liberal . Let me point out a couple things from my point of view .
    1) I do not think we need to be soft on the dealers selling dime bags to put food on the table . They can get a second job to make ends meet . I worked 2 jobs at one time years ago when our finances were a wreck , which was our own fault by the way . Illegal activity is illegal regardless of WHY you are doing it . Having worked with drug dealers as well as addicts as patients , most dealers will say they are selling to “ get by “ . Supplying drugs to people with addiction problems is a detriment to the addicted as well as illegal .Ruining someone else’s life to “get by” isn’t right IMO . Contributing positively to society is what everyone should strive for and it’s what everyone wants for their child to do too.
    2) I have no qualms with pardons for these low level drug crimes , as long as they’ve done some time . There are laws and when laws are broken , consequences should and do occur . Something I do not think this younger generation realizes , or wants to anyway . If a person gets a pardon after significant time served , hopefully a lesson will be learned , and the perpetrator will not repeat the crime . However , we all know that unfortunately some people never learn . I do not believe it’s because they are trying to get by or make a living either . I think recidivism happens because , well , some people are just not that smart ..... or they are just not very moral people . And I’ve been around ALOT if people from ALL walks of life . Rules and laws are necessary in society to keep some type of order and protection to the people/society . And sometimes they are there to protect the person from themselves .
    And I know , you will see this from another perspective . I realize the justice system as far as juvenile crime is broken ... evidenced by the young black teen that shot and killed the young man on 16th St with the pregnant wife a couple years back . His parole officer was not doing his job and there was a plea deal from a illegal gun possession the teen had prior to the murder. I’m sure you can go on and on about the “ system” . I’m just stating some basic principles about right and wrong and taking responsibility for one’s actions that are the basics in humanity that I I feel are important .

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