Some Law Experience

Meeting Judge Scott Miller was a very unique experience. I guess it’s a bit odd but I was thinking of my younger brother who wants to be a lawyer as well. Instead of the serious and intimidating judge I was expecting, Judge Miller turned out to be a Cornellian who wanted to discuss some of his experiences with younger Cornellians. I think the fact that he refused to be applauded speaks volumes of the type of person he is. I expected a harsher individual, especially since he practices in criminal law. Instead, Judge Miller somehow came away from certain very dark and interesting cases (there was this one case discussed that could be one of the most interesting cases I’ll ever hear) as this optimistic and “bubbly” person. Perhaps, bubbly isn’t the right word. However, his enthusiasm struck me.

My little brother wants to be criminal lawyer as well and I was wondering how does all this darkness affect a person. Although I have been away from home too long to actually construct an idea of how he deals with negativity, Judge Miller’s example seems inspirational. In addition, Judge Miller provided a brief look into how legislation works or how the relationships around Tompkins County operate. The difficulties he has faced with certain rulings and his insight on the differences in role between a lawyer and judge.

The Other Side of Law and Order

The first thing that stuck out to me about Judge Miller was how comfortable and funny he was. While he was clearly in a profession that required discipline, he didn’t let this stereotypical characteristic define him. And this became more and more clear as the night went on. One of the most poignant questions that was asked was how  he managed to stay optimistic after seeing the true depravity of the human condition through his years in court. His response, one that I hope I’ll never forget, was that he realized that no person is defined by the worst thing they’ve done in their life. Save for perhaps a few exceptions, no one is truly good or bad, and its essentially just a lot of gray that sometimes get darker or brighter. This is a lesson I hope to keep in mind as I continue to make my way through life and need to make judgments about the people I meet.

The Role of Politics in the Court Room

It is a known fact that politics has a predominant place in the court room. This knowledge though did not allow me to fully understand how politics effects all aspects of a court room and the cases tried there.

Judge Miller made evident the role personal bias plays as it was necessary for him to give a disclaimer that he cannot be quoted on any opinionated matter and that, as a judge, he is not allowed to give his personal opinion on current political questions.

The selection of a jury is also a process littered with political obstacle. The jury is often an institution within the courtroom that we do not think about. Who are these people? How and why were they selected? How will their personal values and beliefs effect the way they conceptualize this case? Analyzing peoples personal bias’ can be difficult when you must rely on generalizations like, “Females are often critical of other females” and ” African Americans often sympathize with other African Americans.” These generalizations many times place people into categories of judgement that do not reflect how they might view the case in reality. Another impediment of the jury selection process is the difficulty of assembling a diverse jury for reasons such as availability or diversity (lack-there-of) in the surrounding residential areas.

Unexpected

Before walking into Rose Cafe last week, I envisioned Judge Miller: stoic and bland. However, my preconceived ideas of him did not match the person capturing the attention of the already twenty or so seated audience members when I walked into the Cafe.  Before I arrived, someone must have asked him what his favorite case was during his professional career as a defense attorney because he was mid way through explaining a twisted case of potential kidnapping. Although his stories were interesting and slightly unbelievable, the bigger surprise to me was how laid back, appropriately animated, and engaging he was; he sipped espresso and imparted sage advice about the need to find the strengths of another person’s character besides simply noticing their greatest flaws.

From a Judge’s Perspective

Last week I had the pleasure of going to a Rose Cafe featuring Judge Scott Miller.  The judge was was extremely humble.  He wasn’t always a judge and he was gracious enough to share the story of how he got to where he is today.  Before he was a judge he was a lawyer.  His day to day was extremely eventful.  There were funny cases and sad cases.  Every question asked of him was answered with with extreme thought and care.  Each response had corresponding story.  He was a really good story-teller.  I was on the edge of my seat for most of the hour.

Rose Cafe with Judge Miller

Last week, I went to the Rose Cafe evening chat with the Honorable Judge Miller. He told us about his most interesting case (a couple’s botched attempt at vampirism), and the conversation steered towards what kind of jury, if we were defending the accused, we would prefer. After some individual deliberation, Judge Miller told us that often times, the opposite sex from the plaintiff tend to be the people that are the most defensive and sympathetic towards the plaintiff; this is the result of the competitive environment that women are often placed in which pits them against each other. I thought this was interesting because it would be expected that in dire situations, people would stick up for each other regardless of the environment that they’re accustomed to but this is not the case.

Justice and the Judicial System

During the cafe, which was structured more like a Q and A this week, Judge Miller pointed out the different oaths taken by prosecutors and defense attorneys. According to these oaths, prosecutors must seek justice while defense attorneys must defend their clients zealously. It seems to me that this discrepancy highlights the intrinsic bias of the judicial system. Prosecutors do not have to do their duty “zealously”, and the defense attorneys do not have as much responsibility to the truth. So, as he spoke, the more I thought about how “justice” is often not the actual outcome.

Given the current controversies surrounding our judicial system, I cannot help but to connect this idea to the numerous police violence cases where, despite seemingly overwhelming video evidence, the accused were acquitted. In these cases, it seems that the adversarial system worked against justice.

While our society is inherently biased, it should be the chief objective of our judicial system not to be. Instead, it is systematically positioned for bias. Perhaps then one of the first steps to reaching social equality should be to demonstrate equality in our courts, focusing on the truth above all else.

Judge Miller’s Discussion

When I attended Judge Miller’s discussion last week, I was very impressed by his ability to narrate a story and share the cases he worked on. Although I do not plan on pursuing a career in law, it was interesting to hear the challenges of a criminal defense lawyer and how he dealt with the toughest of cases.  Most notably, I remember the rape case and how the defender’s story of events seemed completely unrealistic and yet, in the end, it was the honest truth.

Additionally, I really enjoyed Judge Miller’s ability to narrate a story.  When I asked the question about how his role has changed from attorney to judge, his account of the grumpy judge when he was a young lawyer brought a crisp image to my mind.  I genuinely enjoyed his ability to make us laugh and see the light in dark situations.  From the way he sat in the chair to the words he chose to use, I could tell that Judge Miller was passionate about his career and realized the incredible impact he had on lives.  I too hope to develop that passion in the career I choose to pursue.

I hope that Judge Miller comes back later this semester and shares even more cases with us!

 

The complex of Human Nature

Last week, Judge Miller came to Rose Cafe and talked with us about some crazy cases he met in his career and how he viewed about human nature. I learned and thought a lot from his talk. It is true that people sometimes judge others with bias. More specifically speaking, people sometimes tend to view others according to the worst thing they have ever done. However, humans are not black and white. First, people who seem to be criminal may not be the actual culprits. Second, even if a person is criminal in something, he may still have other sides of human nature: He may love his wife, his children, and his other family. He may have many interesting hobbies such as planting. When they have paid for what they should pay for their criminal behavior, they should have the opportunity to be in the society again. No matter how many dark sides of human we have seen or heard, we should still believe the goodness of human nature and do not judge others.

Blind Defense

Last week, I went to hear Judge Scott Miller give a talk about his experiences in law. Before he became a judge, he served as a defense attorney. It was interesting to hear about everything that goes into being a successful at these professions. The biggest thing that stood out was overcoming bias, whether from other members of the jury or even himself as the attorney. For instance, he discussed a bizarre case in which he actually thought the defendant was guilty even though he was supposed to be defending him. He did his best to defend his client, and as the story unfolded, it turned out the defendant was actually acquitted of the crime and may have really not been guilty! This interesting example shows how important it is for the defense attorney to do his or her best to defend the client, regardless of how they feel emotionally about the case.

Judge Miller highlights the challenge of removing bias from court cases

Judge Miller highlighted the challenge of choosing a jury that would not be biased towards the case. I previously assumed that this was a more streamlined process and that the legal system has found a fool-proof way to select an appropriate jury, but this assumption was wrong. For example, Judge Miller highlighted the potential influence that geography, population, etc can have on selecting a jury. For example, in certain places it may be difficult to create a jury that is racially diverse, even though that may be the best possible outcome for a fair trial. This made me realize some additional loopholes that exist in the legal system.

Anonymous quizzes reveal residents’ troubles

Professor Blalock successfully geared conversation among Rose Scholars during an event where we discussed our community. The underlying issue is the inequality in quality between the shoddy gothics and the bougie main house. How is it fair that students in gothics who are paying the same price as the students in the main house have to deal with a range of issues from not so necessary needs such as a lack of AC to ultimate necessities such as a lack toilet paper and shower curtains that do not cover the stalls appropriately? The Cafe discussion educated the students about the town’s laws regarding the gothics. Since the gothics are considered historical landmarks, Cornell is not allowed to demolish them. With no space and limited funds, the school is forced to continue to keep these dorms. The administrative people in charge of student dorms are not purposefully disregarding the needs of students in the gothics; rather, they have limited budgets that they must allocate accordingly. Pushing a student based request to gear more funds towards cleaning the gothics is the next step that we decided to take.  This initiative cannot change the budget, but it can persuade administration to change the budget allocation to ensure proper sanitary conditions for the students in gothics.

Something I found particularly intriguing about the Cafe was the use of an app to poll students anonymously. Due to Professor Blalock’s association with Flora Rose House, there was definitely some hesitation when he asked us what problems the students were facing in the dorms. The use of this technology disrupted all barriers and brought the truth to the forefront of the discussion.

Overall, it was a great Rose Cafe, and I look forward to attending more, especially the one where administration faculty who are in charge of the budget come to listen to the students concerns.

Checks and Balances- What They Don’t Do

Last Wednesday, I went to a talk with House Fellow Judge Scott Miller. The talk started off great; not only was his story towards jurisprudence inspiring, but every anecdote he shared was as interesting as it was amusing. We filtered between topics such as constitutional law, school, and Ithaca in general. Judge Miller offered an informal atmosphere in which the students were encouraged to ask questions and engage in dialogue that was prevalent to today.

As the talk came to the end, Judge Miller wanted to highlight the current political climate, saying that the US government was built with checks and balances that ensured the preservation of the country. Judge Miller made it clear that his comments were very general and that he neither endorsed nor disapproved of the current administration. But projecting my own beliefs onto his words, I think his comments served to energize us in the sense that the state of the US will not always be as it is today, whether for better or for worse.

But I’m not too sure if I agree. Trump as president is more than just 4- and potentially 8- years of sexism, racism, and homophobia. His election has served to normalize these traits into what is already a sturdy structure of institutional and systemic oppression. He is not the beginning of these problems, and he is surely not the end. When he does leave office, there will be just as many racist people in the country as there was before, and thinking that things will be better at the end of his term is too idealistic to have credence.

Considering the things that have happened on Cornell’s campus in the past two days, things have not gotten better. And Cornell loves to say that they are in support of diversity, but when push comes to shove, little is done to protect our communities. A black man was hospitalized because five white men in a frat decided to call him racial slurs and jump him in the dead of night. No one has been taken to jail. No one has issued warnings to other students of color. No one has listened to the concerns of our community. No one affiliated with Cornell has released a statement of solidarity with the people of color on campus.

So where do we stand after the next 4 years? The same place we were before, and the same place we are now: in a country that was founded on the oppression of the ‘other.’

I admire Judge Miller’s optimism, but hope is hard to maintain when there’s no end in sight.

Judge Miller’s Lesson

Judge Scott Miller’s talk on Wednesday night was both interesting and informative. It isn’t often that I get to hear experiences of a judge, so to listen to Judge Miller’s stories and lessons was very refreshing and engaging. Though, it was one point Judge Miller discussed that resonated with me: sometimes, we have to do something that we don’t want to do or couldn’t think we could do in order to accomplish a greater goal. During one of his cases early in his career, Judge Miller was forced to represent a client he knew was guilty of the accusations. Judge Miller didn’t think he could win the case, as all the evidence was against his client, and dropping the case wasn’t an option. He had to stand in trial and fight for justice, no matter how unconfident he felt. In the end, Judge Miller won the case, to his surprise.

 

This story showed me that, no matter how much I feel I won’t succeed in something, I can do it, even if everything and everyone is against me. This message will serve me well as I advance in my academic and professional careers. When I inevitably encounter a situation similar to Judge Miller’s, I will remember that it is my drive and determination to accomplish a goal that will determine my success, not any of the intervening obstacles.

Law, Morality, and Progressivism

On Wednesday, Judge Miller gave a conversation during the Rose Cafe hour. He made two statements that stuck out to me the most, both of which I wish he expanded on more. The first was that law and morality are distinct from each other. He specifically made this comment in the context of the lawyer’s obligation to defend the prosecuted regardless of the evidence in favor of a guilty charge. I wish he would have talked more about why it is  the case that law and morality are distinct. Certainly, some theories of law such as natural law theory reject this proposition. And, in his discussion he talked about a defense lawyer’s obligation to “zealously defend” the persecuted. If this is a legal obligation, then what makes it obligatory? Is it merely obligatory because pragmatically it should be? Or because there are legal consequences for failure to abide by it? It seems hard to enforce a notion of legal obligation without invoking some form of moral obligation.

 

The other comment he made that I was curious about was along the lines of history always favors the progressive. Again, this is a claim that I wish he expanded on more. It certainly seems easy to find moments in history where this perspective doesn’t make sense, e.g. before the first wave of democracy. Then again, I suppose the statement is contingent on what is meant by progressive.

Sterotypes

This week I went to a Rose Cafe where we got to talk with Judge Miller. It was really interesting to hear stories about his career as a defense attorney, and now, a judge. One thing that he said that really stood out to me was that he noticed that very few people that he met were all good or all bad–most people were shades of grey. I think that that is very true. Most people’s first reaction when they hear about something good (or bad) that somebody did is to classify that person just based on that one action. Now while is a good idea for truly horrendous actions, I think that we should refrain from making judgements about people just based on one mistake that they made. I took a social psych class last semester, and we learned that the reason that we stereotype or make judgments about people based on limited information is because it’s easier for the brain to predict future behavior based on these judgements. But a lot of the time these stereotypes or judgments turn out to be wrong. That’s why I believe that we should look at the whole picture before forming an opinion about the average person.

The Not-So Evil Reality of Criminals

I really enjoyed the Rose Cafe Session with Judge Scott Miller. It was particularly engaging thanks to Judge Miller’s focus on making this a social gathering between a group fellow Cornellians. Though I’m not planning on studying Law, I found Judge Miller’s experiences very interesting and was able to take a good deal out of his stories. The story of the “craziest case” he had ever worked on created many questions in me as well as in the group about what it really meant to view people as good or evil and about how we ought to view criminals as a society.

I found the question about how Judge Miller deals with all this “darkness” in his life was very thought provoking and led to a great and casual discussion on human nature. I thought about this after the session and really appreciated seeing that my outlook on life was shared by someone with whom I shared very little in common with. The idea that people are more complex than good or evil really stuck with me as it is something I always held to be true, seeing it corroborated by such an experienced professional was comforting. I also really enjoyed that same belief of people being complex being challenged at the very beginning with the story of the seemingly sadistic kidnapping case. Seeing how this case turned out, however, further proved our inner complexities and I think dismisses the idea of all criminals being evil people. My great takeaway from this Cafe Session with Judge Miller is that we are all complex and we have to treat each other with the respect that complexity deserves.

Law and Order

The Honorable Judge Scott Miller was the guest of the Rose Cafe event this week. I was very interested to hear more about the judicial process, an area that I am not familiar with. Some of the main topics discussed included the balance between morality, prejudice, and law in the judicial system. One of the topics discussed was the importance of the jury members in the outcome of a case. For example, having more men or more women on a jury panel could affect their final decision. This brings up an interesting discussion on what types of members should be chosen for the jury. According to Judge Miller, having more women on a jury for a defendant that is a woman is not advantageous for the defendant. This was unexpected to me and it was a learning experience to hear more about the nuances of the judicial process, which I have not considered before. 

Judge Miller also presented different examples of cases he has worked on as a lawyer and cases that he has facilitated as a judge to give clear illustrations of his points. These cases were also quite interesting to hear about, since news sites tend to report only large and controversial cases rather than the more common cases that occur day to day. I thought this was particularly engaging, since I was able to hear more about the typical judicial process rather than the theatrical perspective that is presented in movies or in highly publicized cases. 

In addition, Judge Miller also discussed the dilemma of defending someone who seems like they are clearly guilty from the evidence presented. By law, every person is allowed the chance to be defended in court and judged by their peers. However, it can be difficult for an attorney to defend someone who seems so clearly guilty. I thought this was an interesting topic of discussion and also a virtue of the American judicial system. Even though someone may seem guilty, the real truth could be discovered through the process of the trial. Judge Miller also talked about the government system as a whole and how the judicial system is an important part of maintaining balance and order in the nation. I thought that this event was a great way to learn more about the judicial system and to understand more about the process of law from a Judge currently practicing law. I think that it is valuable for all Americans to have knowledge about the judicial system and how it may affect us. I believe that this Rose Cafe event was a great way to learn more about law and has broadened my understanding of the American judicial system in general. 

The Hope in Understanding

I have to say that I think the conversation Judge Miller led was my favorite Rose Café yet. It was both inspiring and reassuring to know that there are government leaders out there with an unwavering dedication to county’s promise of equal protection under the law for all persons and a willingness to offer an impartial, discerning check of power when this promise is not being delivered. What is more, it was so good to hear that someone “on the inside”—who is intimately familiar with how change is accomplished—has so much hope for the future of America. In times of great uncertainty and division, this message of hope needs to be heard.

Also, I really appreciated how Judge Miller pointed out that there is good in everyone. I interned at the Philadelphia District Attorney’s office two summers ago, and after sitting through trials and sentencings, it quickly becomes evident that it is incredibly easy to define someone by one moment and make a judgment about how that moment should affect the rest of his or her life. Equally, though, when you take a step back and make a point to focus on the factors that lead up to that moment or caused that moment to unfold the way it did, the judgment can turn to understanding with less effort than you may assume. Understanding why someone did something or ended up in a particular situation is crucially important, not because it will always change the conclusion to which the judgment points, but rather, because understanding why someone did something is often necessary, or at least extremely helpful, to figuring out how to stop either someone else from doing that same thing or preventing the same person from doing it again.

Also, I found Judge Miller’s discussion about jury selection fascinating. Again, it sort of points to the fact people with certain experiences and social characteristics are predisposed to be more understanding of or more critical towards a person depending on this person’s own experiences and social characteristics. Sort of an unexpected takeaway I took from Judge Miller’s discussion was how important it is to recognize what influences our own snap judgments so that we can remove our own biases and hear the stories of other people, and this process of understanding, it seems, can actually lead to a more accurate, more impartial judgment in the end.

The Law Personified

It not everyday the average person gets to interact with a sitting judge on a candid level. It was interesting to hear about his favorite cases, how to weigh the consequence’s of one’s actions, and his perspective on who the law serves and how it should be applied. Yet, the most rewarding part of the event was heading to the dining hall afterward with a couple other residents and just getting to know each other. We talked about out favorite children’s books, the restaurant Judge Miller’s wife owns in the Commons (Madeline’s), and just got to know each other. Getting to know Judge Miller as a judge was certainly rewarding, but getting to know him as a person was the best of all.

Should We Defend The Guilty?

Earlier today, I listened to Judge Scott Miller talk about what he referred to as “the craziest case he’s ever heard”. I will not go into the details of the case because I don’t remember if he said it was public, but it did involve a kidnapping where Judge Miller, a criminal defense attorney at the time, believed his client would be found guilty based on the evidence presented. Judge Miller brought up a great question for everyone in attendance: should you defend people that you believe to be guilty? On a legal level, the answer is unequivocally yes, as the 6th Amendment to the Constitution grants all US citizens the right to an attorney. However, the looking at it through the lens of personal morality changes it for some. After some reflection, I believe it is still necessary to defend anyone, whether or not you believe them to be guilty. Whether someone is guilty is a judgement call based on evidence. What you may see as evidence without a reasonable doubt another may have doubts about. Just as this question gets tricky when viewed through the lens of morality, juries must look at cases through the lens of morality based on the evidence presented. As the evidence of Judge Miller’s case unfolded, it became clear that there were doubts about whether the accused kidnapper was guilty. In the end, he was ruled to be innocent by the jury. In a court of law, the truth tends to win more than not. If you are to defend someone who you believe to be guilty, the evidence will speak for itself. The 6th Amendment is there to help those who you believe to be guilty who are actually innocent and protecting those people is the most important function of any court of law.

Empathy In the Court System and Beyond

At this evening’s Rose Cafe, Judge Miller was asked about how he copes with knowing the types and amounts of evil that exist in the world. In response, he stressed the importance of empathy, especially after his experiences working with and defending people who have allegedly committed horrible crimes. He pointed out that people are not black and white — there is always gray area, and humans are full of complications. Very few people are exclusively good or bad, and the best way to witness this is to, as Atticus Finch says, walk in someone else’s skin. This analysis clearly extends beyond the scope of criminal defense, though it is evidently applicable and imperative for those within it. Like criminal defense lawyers, we as citizens of the world are faced with the mixing of good and bad every day, and it is easy to become bogged down in negatives. Judge Miller pointed out that we as humans often attempt to judge people by the most awful action or quality we have heard they possess. Should we continue through life this way, the world would turn into a fairly depressing place. However, much of the conflict in the world today could be solved by a simple dose of empathy and understanding. Despite all the negativity we might witness (and exclusively perceive), we as the future influencers of the world have a responsibility to take that medicine and see the world in a better light.