posted by Helen at 3:35 PM
Wednesday, May 06, 2009
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13 Comments:
Empathy has a place in determining the sentence, but not the guilt (which should be a finding of fact.)
Joe: The doesn't address sentencing or guilt. It addresses the role of judges, and to a much smaller extent lawyers in general, in defining the law. More specifically, the role of the appellate courts.
IMO the appellate courts should take a very narrow view when addressing laws. Dismissing or enhancing a law based on "empathy" would definitely be wrong. However, I don't agree with Sowells premise that judges should only interpret the law as legislators write it. I believe they also need to apply the constitution to the laws. If this were done more rigorously I believe we'd have much fewer laws on the books than we do today. Particularly at the federal level.
I don't care for much empathy in sentencing, at least for the way it is applied today. This is why women consistently get lesser sentences for the same crimes as men.
I agree with HMT's argument of applying the Constitution.
"Justice Holmes understood the difference between the rule of law and the rule of lawyers and judges."
Sowell is a brilliant man. It is so pleasurable to read his well crafted writing. I would love to buyt that man a cigar and a beer and just listen to him for a couple of hours.
Trey
In a court of law, empathy equals bias, which destroys impartiality.
Oligonicella: Empathy on the part of the judge equals bias. Lawyers are supposed to be biased (towards their client). Juries are are there to represent the bias of the people. That's what jury nullification is all about.
It is part of a 4-part series of columns for thsi week. Sowell Swings
What Trey said.
Thos Sowell and Walter Williams. Two of my personal heroes.
I wrote to Williams a few years back pleading with him to run for President. He declined, saying his wife wouldn't let him. What we could use most now; intelligent men with a sense of humor.
HMT -- Correct. The context of Sowell's piece was a judge's decision. That's what I meant.
What uncle ken said, well, the part about Walter Williams. Is he black as well? G. Gordon Liddy turned me on to Mr. Sowell.
Trey
How odd that Thomas Sowell, someone who leans libertarian, would write approvingly of Holmes.
Trey, a quick way to learn About Walter Williams is to hit Drudge Report. Scroll down the center where all the names of columnists, etc. are. You will find Walter Williams' name. Follow the link and read up on him, read his columns.
He's a great man.
Thanks buddy! I will do just that.
Trey
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