A judge’s failure to execute his judicial duties has left criminal free of all criminal charges.
"I
am not the law, but I represent justice so far as my feeble powers go."
quoted by Arthur Conan Doyle. Judges are the ones who sentence offenders;
therefore, they must perform their duties without error and ensure that their
duties are completed properly. The court aspect of the criminal justice system
is responsible for applying and interpreting laws to criminal cases. Therefore,
in today’s blog post, the topic that will be eagerly discussed is a judge’s
error or failure to execute his judicial duty, had resulted in an offender
walking free of a major crime charge. As Arthur Conan Doyle quoted, "I am
not the law, but I stand for justice." Judges are the ones who stand and
administer justice to offenders to better our society. Whereas a judge’s error
has left a criminal free, this is unethical. Judges should be responsible and
uphold integrity with this issue it shows that our justice system is not
adequate.
A
woman charged with a major crime has been released due to a clerical error on
the part of the judge. According to a report from the Star, a woman who
purportedly pleaded guilty to a major crime walked free after a judge refused
to sign an indictment order. Sasha Smith, a 30-year-old Old Harbor St.
Catherine teacher, is accused of accepting $168,000 from a female complainant
in exchange for a visa to the United States of America. When Smith failed to
produce the visa, the complainant reported the incident to the police, who
charged her. Despite pleading guilty to obtaining money by false pretense in a
previous court appearance, Smith was released from the St. Catherine Parish
Court on a technicality. When it came to sentencing, Smith’s attorney at law,
Shane Dalling, suggested there were technicalities in his client’s favor.
Dalling told the court that the clerk of courts' discovery that Parish Judge
Horace Mitchell had failed to sign the indictment order would help his client.
Consequently, Judge Mitchell agreed with Dalling and ordered that Smith be
exonerated of all charges (Turner, 2016).
"Justice
has nothing to do with what goes on in a courtroom; justice is what comes out
of a courtroom," quoted by Clarence Darrow. In this case, it is evident
that an ethical issue was present. First, what is an indictment order? is a
formal document that informs the person of the charges against them based on
the evidence presented. Usually, the offender has committed a major crime
(Nanodrop, 2019). This formal document is extremely important, but in the case
of Smith, the judge failed to sign the indictment order, which is very vital.
This indictment order is the line between going to jail and being free.
Moreover, the ethical issue that was present was the judge’s failure to execute
his judicial duty. According to the Judicial Conduct Guidelines Section 5,
titled "Competence and Diligence," principles 5.1 state that judges
should diligently perform their judicial duties, which, broadly defined,
include not only the adjudicative function, but other judicial and
administrative tasks essential to the proper operation of the courts (Court of
Appeal, n.d.). Principle 5.2 states Judges
should contribute to the improvement of the law and the administration of
justice (Court of Appeal, n.d.). So, according to 5.1, it states that judges
should perform their judicial duties, but Judge Mitchell did not fulfill his
role because he failed to sign a document that let a criminal walk free of
major criminal charges. Principle 5.2 says that judges should contribute to the
development of the law and the admission of justice. It was evident that Judge
Mitchell did not administer any justice because if he had done so, Smith would
have been in prison. If our judges are not fulfilling their duties, how will
justice be served in Jamaica and how will Jamaica have a better justice system?
Because of this judge’s faulty mistake, a criminal is left roaming the streets,
and citizens will ask how a criminal can be set free from a major crime? That
means that people can commit crime and get away due to the level of irresponsiveness
of a judge.
In
summary, whereas a judge’s error has left a criminal free, this is unethical.
Judges should be responsible and uphold integrity with this issue it shows that
our justice system is not adequate. Based on the case assessed Judge Mitchell, failed
to sign an indictment order, which is very essential in sentencing an offender,
hence the offender was freed of all charges. Is this ethical? The ethical issue
that was evident in this case was the failure to execute his judicial duty.
This judge violated a number of ethical guidelines in the Jamaica Judicial
Conduct Guidelines. Principles 5.1 and 5.2 were breached. What do you think is
the best possible solution to this issue? This judge should have been removed
from practice because if a criminal could get away with a major crime, others
would take this as an initiative to commit crime because of this judge’s faulty
decision. How will crime be stopped if we have this issue in our judicial system,
how will Jamaica be better?
In the video below, Judge Olu Stevens of the
Jefferson Circuit Court pled guilty to ethics offenses in return for a 90-day
unpaid sentence. How do you feel about this video? What is your opinion , should this judge be reinstated?
References
Court of Appeal. (n.d.). JAMAICA
JUDICIAL CONDUCT GUIDELINES. Court of Appeal.Gov.Jm.
https://courtofappeal.gov.jm/sites/default/files/pdf/Judicial-Conduct-Guidelines-with-commentaries-revised-21-August-2014.pdf
Nanodrop. (2019, November
18). What is an indictment order? – nanodrop.org. Nanodrop.Org.
https://nanodrop.org/2019/11/18/what-is-an-indictment-order/
Turner, R. (2016, June
20). Woman walks free after judge’s error. News | Jamaica Star.
http://jamaica-star.com/article/news/20160601/woman-walks-free-after-judges-error
WLKY News Louisville. (2016, August 8). Judge
pleads guilty to ethics violations. YouTube.
https://www.youtube.com/watch?time_continue=1&v=S35eXyC-jiQ&feature=emb_logo
I had been thinking about this for a long time. if the judicial branch is independent, why are the judges holding back on punishments.
ReplyDeleteWow, I never knew these issues where happening in Jamaica I am so glad I am tuning in to this blog to know of these ethical issues within the Judicial branch of the criminal justice system, if this ethical issues continues in the judicial branch society will be filled with criminals . In relation to the video that judge should have been disembarred from practicing.
ReplyDeletethis is very good i could show this blog to a judge and ask he\her about Mr. Mitchell's behavior. this judge should be suspended and punished for his actions for so called 'forgetting to sign a document which is so important' this should be an example for judges not to follow what this man had done to leave a criminal freed of all charges.
ReplyDelete