Let Judges judge
(3 strikes rule)
(3 strikes rule)
The Connecticut legislature is considering eliminating judicial discretion and and requiring life imprisonment for a third serious felony conviction.
The Judiciary needs the ability to judge each case on its merits. Rules which are absolute don't leave room for extenuating circumstances. Guidelines are useful but legislation should not be used to anticipate all possible outcomes, (which is the problem with zero tolerance policies). The system must allow for review of each individual situation. Without this safeguard the process could be managed by computers. That situation would be untenable. Events occur, which require human oversite and sometimes compassion.
It is clear the polices for sentencing and incarceration in Connecticut needs to be reviewed. But a review does not require change. By looking at a system one could find that the best policy is already in place. Perhaps only minor alterations are required. In any event the knee jerk reaction to current events almost never ends well. The full implication of the changes must be evaluated.
We are individuals working within a society with rules. When the rules are violated there needs to be a consequence. But the consequence must be tailored to the situation. There is no crystal ball to tell the future. Judges must have a framework from which they exercise appropriate judgment. We all must face consequences for our actions. If you commit a crime you should do the time. If you are a repeat offender your should pay a more harsh penalty. But there must always be a way to review extenuating circumstances. Less than that is less than human.
Labels: consequence, discretion, felony choice, judiciary, legislature
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