I don’t have extensive knowledge of the legal process outside of what I’ve seen on TV, so one of the things that surprised me the most in Judge Miller’s talk was his description of the factors that go into a sentencing decision.  I knew that judges were responsible for making choices about sentencing within the range or options listed by the law, but for some reason I always imagined that those choices were governed by fairly specific guidelines having to do with the particulars of the crime committed.  Judge Miller, however, said that he has to take into account not only the nature of the crime, but also the attitude of the convicted, the stance of the victim, and the circumstances of the convicted person’s life and upbringing.  For instance, he tends to be harsher on people who have had privileged upbringings because he feels that they’ve had plenty of opportunities to make better choices and had more to lose, as opposed to someone who may have lacked financial resources, education, and stability.  These are far more subjective metrics than I was expecting to hear.  Law is so often depicted as a watertight system of intricate details and precise considerations that it’s in some ways uncomfortable to see its more inherently arbitrary aspects highlighted.  On the other hand, I now have a better understanding of both the power and responsibility that a judge holds in the courtroom.

Another interesting topic of discussion was the recent Larry Nassar case, and specifically the judge’s widely publicized comment that she had “signed his death warrant” after sentencing.  When asked about our opinion on the matter, the attitude around the room was one of vague ambivalence.  “Well, it was unprofessional, but she wasn’t exactly wrong…” and “Well, she shouldn’t have said it, but Nassar was definitely irritating her…”  That’s pretty much what I thought when I saw it as well.  Judge Miller surprised me with the vehemence of his response that the comment was absolutely appalling.  I think most people are in agreement that the comment was unprofessional.  However, the conviction had been made, the sentence had been passed, and I don’t think very many people are going to come out in defense of the feelings of a child molester.  The average person might think the comment was unnecessary and theatrical, but as another student pointed out, it’s hard to see how it could have done any major harm either.  Judge Miller, however, did see the statement as harmful.  He saw it as a terrible insult to the honor that being a judge should represent.  To him, a judge letting personal feelings impact courtroom behavior or taking a perverse joy in sentencing is a step in a dangerous direction.

Judge Miller went on to discuss his distaste for the national incarceration system and the importance of judging people fairly rather than by the worst things they’ve been accused of, or even the worst things they’ve done.  Overall, the thing that I think is most important to take away from this talk is Judge Miller’s insistence on dignity and empathy in all of the scenarios he discussed, which I was very impressed with.