The Economist provides the best introduction to this post:
"Judges may be trained...But they are also human, and thus subject to all sorts of cognitive biases..."
See Economist, April 16th, 2011, page 87.
The application of very simple logic to this fact--that the bench is really comprised of fallible animals, reveals that the time for extenive discussion on immunity and accountability has arrived.
First, immunity is unecessary given the availibility of Professional Liability insurance, or "E&O".
Second, judicial immunity creates a culture in which lower standards of judicial behavior can proliferate and thrive.
Third, judicial immunity shields corrupt judges from being prosecuted for their criminal misconduct.
Fourth, immunity prevents victims from pursuing justice or compensation for the more egregious and injurious misconduct.
Fifth, the fallibility of human cognitive functioning (for example, decision fatigue) warrants increased regulation and adherence to principles of accountibility--not decreased opportunity for regulation and accountability. These congnitive issues are addressed in other professions where denial of human imperfectibility could-and will, lead to failure to maintain professional standards, goals, and even to injuries or death. Studies suggest that judges' decision-making ability is increasingly impaired the longer they go from their last meal/snack, showing that even basic chemical/biological factors influence and contribute to a judge's action. See http://www.pnas.org/content/108/17/6889
There simply is no logic behind denying the biological and human aspects of this group of animals--judges.
Sunday, June 10, 2012
The Uncivilized of New Orleans
Hurricane Katrina seems to have demonstrated the horrific capacity of both nature and of humans. Whereas the cycles and processes of nature can be anticipated to produce such ferocity and destruction, when death is perpetuated at the hands of those swearing an oath to protect & serve, society must reflect on its animal form and explore the potential fraudulent mask of our alleged "humanity."
Five New Orleans police officers--aka "peace officers", were tried for their involvement in the fatal shooting of a man several days after Hurricane Katrina hit. The man's body was then burned, and the criminals then proceeded to hide the truth from us and to cover up their misdeeds. The Wheels of Justice took many years to grind out guilty verdicts for three of the five charged.
Two New Orleans police officers beat another man severely, rupturing his spleen, and then also proceeded to lie about and cover up their misdeeds by dropping the victim off at a hospital, where they "reported" that the man received his injuries because he "fell down". The Wheels also turned slowly for this victim too, as these criminals were found guilty many years later.
At least Eleven New Orleans police officers were charged in the shooting of six citizens seeking safety from the storm and its aftermath at the Danziger Bridge. Two died. All were unarmed and were "blameless". The shooters tried to cover up their crimes, with a great deal of cover-up assistance from a number of fellow police officers.
Given these incidents, it is hard to believe that the Justice Department's investigation into this department is only 157 pages long (Go to www.justice.gov/crt/about/spl/nopd_report.pdf). However, given the systemic and chronic criminal conduct being perpetuated--and hidden, by police and prosecutors throughout this country, it is not surprising to find that this report is considered the "broadest" investigation ever of a city police department. As it is, the report recharacterizes criminal conduct as less-than criminal. For example, it accuses the department of "overusing force". Well, that kind of conduct is, in this country, is classified as assault, battery, violation of civil rights due to a citizen who is being accused by the government of wrongdoing, etc.
It also recharacterizes aiding and abetting simply as under-investigating potential wrongdoings (criminal activity).
Any inkling of assistance from police officers to other police officers who have commited such atrocities should be considered as heinous and pathologically antisocial as the beatings, the shootings, the murders. Why? Well because to grant one human being the opportunity to impose--without punishment, restrictions and injuries to another human being's life, body, and property is to bestow possibly the most dangerous yet fundamental power necessary for the maintenance of a civilized society. Once that sworn officer betrays the importance of that gift, he/she is, in effect, denouncing his/her willingness to participate in and contribute to the "civilized" aspect of our humanity. The premise is akin to the legal theories that impart special duties on those with special relationships to others, like a parent to a child, or with one spouse to another.
Its not a matter of "bad judgment" or of having a "bad day". Its a failure of the fundamental premise of the relationship that an officer needs to comply with at all times. Once that officer has denounced that relationship by aiding and abetting a criminal, it is imperative that a truly civilized society, one that prides itself on "the rule of law", rip that officer from the ranks and prosecute just as severely as if the officer commited the "predicate" crime.
Five New Orleans police officers--aka "peace officers", were tried for their involvement in the fatal shooting of a man several days after Hurricane Katrina hit. The man's body was then burned, and the criminals then proceeded to hide the truth from us and to cover up their misdeeds. The Wheels of Justice took many years to grind out guilty verdicts for three of the five charged.
Two New Orleans police officers beat another man severely, rupturing his spleen, and then also proceeded to lie about and cover up their misdeeds by dropping the victim off at a hospital, where they "reported" that the man received his injuries because he "fell down". The Wheels also turned slowly for this victim too, as these criminals were found guilty many years later.
At least Eleven New Orleans police officers were charged in the shooting of six citizens seeking safety from the storm and its aftermath at the Danziger Bridge. Two died. All were unarmed and were "blameless". The shooters tried to cover up their crimes, with a great deal of cover-up assistance from a number of fellow police officers.
Given these incidents, it is hard to believe that the Justice Department's investigation into this department is only 157 pages long (Go to www.justice.gov/crt/about/spl/nopd_report.pdf). However, given the systemic and chronic criminal conduct being perpetuated--and hidden, by police and prosecutors throughout this country, it is not surprising to find that this report is considered the "broadest" investigation ever of a city police department. As it is, the report recharacterizes criminal conduct as less-than criminal. For example, it accuses the department of "overusing force". Well, that kind of conduct is, in this country, is classified as assault, battery, violation of civil rights due to a citizen who is being accused by the government of wrongdoing, etc.
It also recharacterizes aiding and abetting simply as under-investigating potential wrongdoings (criminal activity).
Any inkling of assistance from police officers to other police officers who have commited such atrocities should be considered as heinous and pathologically antisocial as the beatings, the shootings, the murders. Why? Well because to grant one human being the opportunity to impose--without punishment, restrictions and injuries to another human being's life, body, and property is to bestow possibly the most dangerous yet fundamental power necessary for the maintenance of a civilized society. Once that sworn officer betrays the importance of that gift, he/she is, in effect, denouncing his/her willingness to participate in and contribute to the "civilized" aspect of our humanity. The premise is akin to the legal theories that impart special duties on those with special relationships to others, like a parent to a child, or with one spouse to another.
Its not a matter of "bad judgment" or of having a "bad day". Its a failure of the fundamental premise of the relationship that an officer needs to comply with at all times. Once that officer has denounced that relationship by aiding and abetting a criminal, it is imperative that a truly civilized society, one that prides itself on "the rule of law", rip that officer from the ranks and prosecute just as severely as if the officer commited the "predicate" crime.
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