Justice vs. mercy a matter of common sense

Judges have a tough task in determining how to properly balance the scales of justice

Mercy or justice? Which do people expect from their courts? Which should they expect from their judges?

Mercy is defined as compassion or leniency shown to an offender by the individual or agency charged with meting out punishment. People often equate mercy with the judge “going easy” on someone in court.

Justice is defined as the administration of fairness or equality as defined by law or established standards. People often equate justice with the judge “doing the right thing” and “being tough” on a convicted criminal. Some think of justice in terms of retribution or punishment.

So which do you believe a judge should incorporate into his or her sentences?

It depends upon context. Based upon the circumstances, you might have a different answer.

An average citizen or the victim of a crime will probably demand justice: “If he did the crime, he should do the time.”

If, however, you ask the person who is about to be sentenced by a judge, or his or her family, they will probably tell you that mercy is warranted. “My daughter is a good person, she just used poor judgment in this instance,” a mother might plead to a judge.

There are arguments for and against both approaches.

Justice serves two purposes. First, it lets the victim of a crime know that he or she has not been forgotten. The criminal who has caused harm has been punished. There is restitution, perhaps. There is possible closure.

And second, it arguably provides deterrence. The person who committed the crime will think twice before he re-offends. And other people will not be inclined to commit the same crime if they know they will face swift and certain justice.

However, if our court system meted out nothing but standardized sentences, we would end up with institutionalized individuals who otherwise might have become productive citizens. America, reportedly, already has the highest rate of incarceration of any country in the world. While the United States represents 4.4 percent of the world’s population, it houses around 22 percent of the world’s prisoners, according to Wikipedia.

And there are numerous comprehensive studies which have shown that deterrence from criminal conduct is based primarily upon the fear of being caught by the police. Deterrence, surprisingly enough, does not seem to stem from fear of being punished by a judge, no matter how harsh and swift the sentence is likely to be, according to the National Institute of Justice.

Likewise, a court system based upon nothing but mercy would be a disaster. Such an approach would invite anarchy, chaos and lack of responsibility and accountability for peoples’ misconduct. Our communities would not be safe for anyone.

So what’s a judge to do?

When I was sworn in as a judge, I received a gavel and a robe. I wish that I had received a crystal ball, instead. If I knew what the future held, I would give leniency to someone who has made a mistake and intends to walk the straight and narrow the rest of his or her life. If a criminal had no intention of changing his or her behavior, however, incarceration would be the obvious choice. But who knows what is inside a person’s heart and mind?

Fortunately, Metropolitan Court, like other courts, has a background investigation division and a probation department. The men and women who work in these departments search for, locate and disseminate information to judges about people accused of crimes. If a matter reaches sentencing, a Pre-Sentence Report is prepared beforehand along with recommendations.

Typically, a PSR will include information about a defendant’s criminal history and his or her past willingness (or lack thereof) to comply with supervision short of incarceration. Too, the PSR will include information about substance abuse issues and mental illness.

This kind of information gives a judge some basis for choosing between mercy (leniency) and justice (punishment). But more significantly, this information allows a judge to use his or her common sense.

Mercy or justice? Maybe there is a third choice. Maybe the best characteristic a judge can exercise is just plain old common sense.

“I read, I study, I examine, I listen, I think, and out of all that I try to form an idea into which I can put as much common sense as I can.”

— Marquis de Lafayette