The Judicial Penny Has Finally Dropped
Over the past 15 years I have been saying that our judicial system has lost its way. Communities at large have lost confidence in the way justice is dispensed from the bench. They see their courts treat living victims with disrespect as well as victims of homicide. What you read below is only a “band -aid” solution as our Supreme Court is several years behind in homicide trials. It is a step forward but by no means the be all to end all.
We need a Judicial Review Committee headed by an expert on our state laws. This committee should include people from victims groups as well as people from the community. After all the laws belong to the people, the judiciary no matter what they think do not own nor should control the laws as they do now. It would monitor and review insensitive comments made by judges and bring offenders before a panel. Any judge who is brought before the panel for the third time gets shown the door, simple as that. Judges MUST be made accountable for their comments regarding victims.
What do you think?
Supreme Court to hear sex crime cases
Victoria’s legal profession and victims of crime have welcomed moves for the most serious sexual crime cases to be heard by more senior judges.
Chief Justice Marilyn Warren intends to move some sex offences trials usually heard in the County Court to the higher jurisdiction of the Supreme Court.
The move follows community outrage over the sentencing remarks of County Court reserve judge Michael Kelly, who described the sexual assault of a 13-year-old boy by a 22-year-old man as adolescent “experimentation”.
The comments prompted a public rebuke by Director of Public Prosecutions (DPP) Jeremy Rapke, QC, who last week called for more education for judges to ensure victims were treated with sensitivity and compassion.
Crime Victims Support Association (CVSA) president Noel McNamara welcomed the development, saying Supreme Court judges were more experienced and sensitive in dealing with victims of the most serious crimes.
But Mr McNamara said shifting cases between courts was a band-aid measure that would put more pressure on the Supreme Court while ignoring the root of the problem.
He called for minimum sentencing to resolve disparities between penalties imposed on violent offenders, and a judicial review board to pull judges who make inappropriate remarks into line.
“I think it’s a band aid, I think it will solve the problem for a while but eventually it’s got to be addressed and we think the best way to address it is with a judicial review committee,” Mr McNamara told AAP.
The Law Institute of Victoria (LIV) said the move was not an indictment on County Court judges but still applauded the move.
LIV president Anthony Burke, however, said the system must be properly resourced to offset any delays that might prolong the anguish of victims.
“We believe that this shows leadership by the chief justice and an understanding for community concerns and we welcome that,” he told AAP.
The Victorian Bar Council also said it had confidence in County Court judges.
“The Victorian Bar welcomes the leadership being shown by the Supreme Court, but stresses that it has full confidence in the County Court,” said council chairman Peter Riordan, SC.
Senior Supreme Court judges will meet with Mr Rapke in coming weeks to determine which cases will be moved to the Supreme Court.
Victorian Premier John Brumby said the initiative was a positive step.
“There were some comments that were made recently by a judge in a sex abuse case, I thought those comments were entirely inappropriate,” Mr Brumby told reporters.
“I’m very, very pleased that the chief justice has announced today that in some of these more complex and more sensitive cases involving sexual abuse charges that senior judges will be appointed to undertake those.”
Article published in the Sydney Morning Herald online January 22, 2008 – 5:14PM. Source – AAP.
I agree totally Noel. Judges MUST be made accountable for their choice of inappropriate words they use in some cases, and for the stupid and morally wrong sentences that are happening more and more often. Again and again we are seeing where convicted sex offenders get a sentence that is just a joke or even more horrible where the filthy pigs have been handed suspended sentences. While innocent victims of horrible crimes are traumatised in some cases forever, these creeps get off just about scot free. In the process the innocent victims go on suffering horrible after effects of the hell that was done to them, while the courts and the judges just do not seem to care. The only way to make offenders learn is by the judges having some backbone and start making examples of all convicted creeps. We should be aiming to educate and show the criminals of tomorrow what they will face if they commit any of the horrible crimes. Right now all our society is doing is giving them holidays they enjoy if they get sent to jail.
Right on Sue, judges have taken it upon themselves to adopt a softly softly approach to crims, and crooks are favored above victims
It just won’t happen.Do you honestly believe that the legal fraternity will allow that to happen?
I don’t think so.
Nothing will happen until some politician grows some balls and lets rip.
Name me any politician that would stand up and be counted?
NONE…………
Until we have a political party that stands for US and not the party then NOTHING will happen.
Just look how the Libs are sliding to the left.
We need more fair dinkum parties that ACTUALY represent us .
Name me one political party that represents Victims of Crime?
None.
Look I’m all for blogs and having a say but in reality no one really cares about Victims or their families.
All they care about is rehabilitation and how the crime has affected the crim.
The world is in a frenzy of leftism at the moment and not a lot is going to change that in the near future.
Please don’t take this the wrong way but I’m a realist not an idealist.
Labor runs ALL the states and now federally, correct me if I’m wrong but aren’t they a LEFT wing party?
The left despises victims but love criminals.Read about “Critcal Legal Studies” , the stuff taught at Law Schools.
D.T.
DT, sad but true, however the community in Victoria is getting madder and madder, after all the laws belong to the people dispite what the legal people think, and believe me for once I can see a small light at the end of the tunnel, and the pressure is now on.
I sincerely hope so Noel I truly do.
Hasn’t Victoria passed Human Rights laws now?
More rights to criminals isn’t it?
Even NON elected judges can make law now can’t they?
If they can’t then I stand corrected.
Isn’t that Christine Nixon a joke!
D.T.
DT, one more poor sentence, or a smart alex remark from a judge should be enough to trigger a rally to the steps of Parliament House, and that is something the pollies and beaks don’t want.
I’m with you all the way Noel.
D.T.
You have plans for a rally Noel I support you all the way no matter what. Count me in please.