4 ms·
High profile cases are atypical in some ways but the salient difference is that I can point you to an example and you can watch it. I can’t really point you at
by singleshot_ 4y ago
High profile cases are atypical in some ways but the salient difference is that I can point you to an example and you can watch it. I can’t really point you at examples in your county courthouse but it is definitely great that you’ve seen some courtroom activity. It’s unfortunate though, that you’ve taken away some conclusions that aren’t quite apt.
The judge is the opposite of the fact finder. The judge is the law finder. The jury is the fact finder (unless you’ve forfeited your right to a jury and are undertaking a bench trial). But I get the general idea of the question and I can answer it in the context of attorneys influencing any party this way:
An attorney should not alter the final disposition of a dispute, meaning that if a person is guilty or liable and the attorney’s actions cause an outcome where they “get away with it” we can all agree the system failed. Lawyers are there so your rights don’t get trampled, so you don’t give anything away, and because they understand the terrain over which the parties will negotiate.
Sure, judges probably prefer drinking beers with lawyers than with indigent sovcits. But unlike a hyena presented with a decaying carcass, the judges I’ve encountered can suspend their baser instincts for a few minutes at a time in order to /do their job/ and part of that job is respecting the Constitution and the rights of the litigants.
- willcipriano 4y ago> The judge is the law finder. > Lawyers are there so your rights don’t get trampled Aren't those rights all legal rights, or laws? What happened to our law finder between the second and third paragraph? Edit: Also isn't that sort of admitting that if you don't go in with a lawyer your rights get trampled? It seems we agree. > the judges I’ve encountered can suspend their baser instincts for a few minutes at a time in order to /do their job/ and part of that job is respecting the Constitution and the rights of the litigants. Scientifically speaking the evidence is human begins are not capable of doing that. For example rulings of judges tend to heavily align with their political preferences, if they didn't nobody would care who is appointed to the supreme court and what party they favor. Another example litigants often wish to venue shop to find a court that is more likely to rule in their favor, if this perfect law finder actually existed that behavior wouldn't alter outcomes.