Judges are always wrong

08 April 2016
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Judges are always wrong
Judges are always wrong

Since the start of civilization humans rule over the wrong doings of their fellowman to punish them.

Over time the responsibility to find the most appropriate judgement was given into the hands of professionals that we call Judges, being part of a wider Justice System.

Men in power tried to influence the outcome of judgements made in various times and cultures in different stages of nations development. It has become an agreed standard to have an independent Justice System in which Judges can find their rulings over Defendants all by themselves. Judges never judge accordingly to laws, only accordingly to their interpretation of the law and the cases set before them. Each case has so many facets that a simple law is not able to capture all possibilities but provide a framework in which an independent Judge has to find the best answer to address a case.

Laws and times length for sentencing humans for a certain offends has changed and will continue to change with time in different jurisdictions as societies move on in their journey of life. While in the mid-sixties abortion in Europe was illegal and punishable, it became an acceptable life-situation like same sex marriages and alike.

Modern day factories - even in Public Offices in the Developed World - have Quality Checks in plays to avoid unnecessary mistakes that can harm and disturb the production and finally consumption of goods and services. There is constantly an outcry in case these high standards going about business are not met, so everybody is demanding it to the last letter. Quality Checks to avoid anybody from being harmed and negatively affected by any wrong product, very much visible today seen in the production of cars, came in simple or complicated form depending on the product and development of Quality Check systems used.

Political Systems have a build-in quality check system by voting in a democracy or revolution in Dictatorship. Churches have a similar system by the numbers and composition of people attending their services. The Justice System and their Executors, the Judges, is an enclave aside from society checks yet immense vital to make it perfectly well functioning for people to have trust in life between and with humans.

Humans might not have money or fame, lack the minimum requirements for a happy life, more so it is important to them that they can live a life in dignity and being justified by their fellow humans. The Law System of a society has to provide to them the utmost possible justification in case they are accused of any wrong doings. Judges play an important role in this system yet having to preserve their independence.

Observing Judges in different jurisdictions it is clear that no such Justice System can ever be a totally fair system due to the nature of Human Judgements in general regardless the professionalism and good intentions build-in such Justice Systems. The demand for fair trials and preserving human dignity stands above any Justice System of this our world. As we cannot always call GOD down from heaven for earthly matters to settle, it is our human responsibility to constantly check and think of improving our Justice Systems and never ever stand still in order to take things for granted. Someone or some nations wanting to be successful in life constantly have to review their situation and come up with better solutions regardless how they might look like as long as they are better than before.

Once appointed Judge, a Judge stays in his role until retirement. In case he does not obviously obstruct the Justice System and violates the Laws given into his hands, he will retire with grey hair in old age during which time he can make wrong, right, appropriate or un-appropriate judgements that can lead to appeal leaving Defendants in prison or on parole and bail.

Equivalent to the Quality Checks in Industries and Public Offices the Justice System can learn from the demand for a constant better performance yet ensuring the independence of the Justice System that is not supposed to be a close shop for only a handful of people having its own dynamics to benefit the professionals and their clients.

A Quality System based on certain numbers of points given can make a Judgement unseen in its concrete form, but in its principles. Judgements are based on its length, its costs for witnesses, its effectiveness by the Judge in his/her conduct (lazy Judge vs. busy Judge), and the times sentences of a Judge are seen in the Court of Appeal are accumulated in a Quality System of the Justice System and the Judges as such. It must be agreed that in the various sectors of the System a Judge must be in a framework that can be seen as reflecting a professional acceptable standard, when the points are outside the numbers steps must be taken. It is appropriate that every two years Judges face an Independent Panel of Experts and Non-Experts from the General Public with their results accumulated in the years past.

Judges will be given the chance to explain their own concerns which need to be addressed. When two years later no improvement can be seen in the outcome of the Quality System, the Judge in question can and should be removed from Office or given a last warning to the next upcoming Hearing that could end his career in the Justice System.

This tool is a complicated instrument to use for the better life of people in a society. What is more important than discomfort is the best justice system the human mind can come up with.

Humans deserve better!

Author: Dipl.-Pol. Karl-Heinz Heerde, Sakumono Estate, Block D10, Aprt.9, Tema West, Ghana, phone +233(0)265078287, karlheinzheerde@yahoo.de, 07.04.2016

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