Playing the Blame Game: Media Misplaces Blame on Judiciary

By Kathy Jo Cook, WBA President and Michelle Bielunis, Proskauer Rose

When a previously convicted criminal commits a second horrific crime, why does the public so often assume that a judge is to blame? Perhaps it is because the news media blames our judges for the acts of the criminals who have appeared before them, suggesting that the judge should have kept that particular criminal locked up and is somehow responsible for that criminal's post-release decision to commit further crimes.

Last week's BostonNow claimed that our judges were "Guilty of Bad Decisions."  The truth is, however, that judges cannot predict the future behavior of criminal defendants any better than anyone else. They have no crystal ball, no ability to see into the future. They can make decisions based only on the facts which are presented to them and the law which constrains them.

Every day our judges make difficult decisions. Their decisions are, and must be, based on an application of the law to the facts before them. They must impose sentences that are consistent with state and federal mandates. Regardless of a judge’s care in applying the law, out of thousands of criminals released from custody, some will commit further crimes. This can have tragic consequences, but it does not mean that a judge's underlying decision was wrong or that the judge failed to do his or her job.  Our judges are required to act independently, impartially, and to make decisions and incarcerate or release defendants based on the rule of law, not the charge of public opinion. Our democracy depends on this. 

Perhaps sentences for certain crimes are not harsh enough. Concerns regarding the judicial system should be conveyed to our legislators rather than blaming the judges.  Ultimately, the power over the laws remains with the people, not with those who are charged with applying it.