Do you believe our court judges are experienced enough to be deciding the fate of our nations accused?

Question

I'm interested to learn if anyone thinks our court judges have the necessary tools-experience,phsychological training to be able to totally understand situations,crimes,poverty,drug use etc that all determine our crime rates and accused?

I'm thankful for your replies-it's definately making me think!

I'm hoping no-one is finding the way I posed my q offensive!!I'm genuinely interested in the topic in general.I maybe should have asked what you think rather than do you believe.....my apologies!

Answer 1

Judges aren't social workers. They function to ensure a fair and speedy trial either by jury or panel. Their main requirements are to be trained in the law and to be impartial.

Answer 2

Well, I do feel that both qualified judges and lay magistrates certainly have an experience gap when considering the defendants before them. It's abundantly clear that the vast majority of them have never lived in poverty or debt, have never been in the grip of drug addiction, have never been homeless or mentally ill or on the receiving end of racism, etc. The impression that they sometimes give is that they simply can't understand why the offender just doesn't pull themselves together!

Theoretically, this doesn't necessarily mean that they can't sentence effectively. The whole point of having a legal system is that you shouldn't have to be able to empathise because it's supposed to be impartial. In reality, of course, research reveals huge biases in the criminal justice system as a whole towards certain groups, particularly ethnic minorities and refugees/asylum seekers.

Answer 3

Since judges generally only decide cases and punishments at the request of the accused, they don't need any understanding of situations. They only need an understanding of the law.
Judge positions do not turn over very often so the greater concern may be their constant involvement with the lows of society.
It'd be interesting to compare how optimistic judges are compared to your average citizen.

Answer 4

Don't forget that British judges are not career judges, such as one finds elsewhere. They have had to apply themselves to many different facets of ordinary everyday life as students, as impoverished pupils, as hard working practitioners undertaking a very varied workload and meeting many different individuals in the process. Some of them came from poor working class backgrounds themselves and understand very well indeed the ways of the world. Those who came from a more privileged background will have had the raw edges knocked off them by representing people in court and coming into contact with the harsh realities of life. I can assure you that as well as attending academic institutions in order to be called to the Bar they have been educated in the university of life and are thoroughly conversant with what is going on around them.

Answer 5

granted that some judges have had a grand up bringing but they are the cream of the legal crop... they are promoted from the lower ranks through to the top jobs,... they do take off there wigs and are down the local pub later, ... just like a normal individual, .... i do think that they are able to appreciate everyday circumstances as they could have grown up with nothing and worked hard to be were they are,..... granted some are born with a silver spoon in their mouth but that doesn't make them less able to relate to the everyday occurrences that you or i see.

if you don't think the judgement is right there is always leave for appeal........ (usually)

Answer 6

they may not understand the reality as most of them are white, middle class, public school/oxbridge educated men. But they have had decades of experience in the legal business.

Answer 7

yes they do, the thing they need most is the law. many judges are tied to sentances that are inadequate in law and the strain on the prison systems which puts pressure on them.

Answer 8

A lot of them are thick.
A lot of them are arrogant.
A lot of them are out of touch.
A lot of them are gender biased.
A lot of them are strangers to justice.
Some of them are quite clever.

Answer 9

who else gonna do it ,,you