Justice and the Great American Experiment

The talk I attended last Wednesday with Judge Miller was probably the most insightful Rose Scholar talk I have been to in a while. During this talk Judge Miller talked about his experiences as both a criminal attorney and a judge, as well as the conflicts and dilemmas he experienced in each of these positions. I asked the judge a simple question – “has there ever been a time in which your sense of principles conflicted against the law?” His response was as perceptive as it was honest. He said that there has been many times in which his morals were in conflict with the law but because as a judge and a lawyer he had an obligation to enforce justice, he often had to make decisions that were contradictory to his beliefs.

This conversation continued as he discussed the issues inherent in defending someone that was guilty. To my amusement, Judge Miller took this topic one step further as he conversed about what happens when someone openly admits that they are guilty. According to Judge Miller, if he had told the judge or the jury that his client was guilty, he would have his license removed, even if it was for a good cause. The purpose of keeping conversations with a client confidential is so that the client can have someone to confide in when all odds seem stacked against the client. The law in America is structured in such a way that presumes every person is innocent till proven guilty. “It is better to let nine guilty people free than to convict one innocent person.” I couldn’t agree more with this statement and seeing people like Judge Miller put his personal justice aside in order to enforce something greater is an admirable feat.

Our talk ended on a note that was relevant to our current political climate as Judge Miller discussed some of the Trump administration’s policies regarding immigration. According to the Judge, an independent jury is the greatest weapon to fighting fascism. While the state of the administration now seems bleak, the judge was optimistic because he believes that the justice inherent in every person will be the key to fighting off any unjust or unfair policies put forth by the administration. The Trump administration will be the greatest test to the great American experiment to this date. Only after the system stands the test of Trump can we understand how the systems can be adjusted to face even greater adversity.

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