The struggle to always be fair: Insight into how the judge makes a ruling on each case

By Scott Tedrick, Editor
Posted Jan 04, 2010 @ 11:40 AM
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Weary that an individual who had given testimony in court might recognize his own case, Christopherson was hesitant to recall some of the most important matters  on which he provided judgment. However, he was willing to discuss motivating factors behind his decisions.
“The only outcome a judge should achieve going into a case is a fair outcome,” he said. “Most judges, if they can be called fair, would place competence second... They’d rather be fair than right. We’re all wrong. We should always be fair.”
Being fair and without bias, can be elusive from Christopherson’s position. With time comes the experience that makes a judge more alert to “potential situations or tendencies,” but it also has a danger, he says.
“If you have someone who has been in front of you three times you have to struggle not to assume they’re guilty,” admitted the judge.
“You must avoid categorizing people and situations, every person is entitled to a new start. I’m always telling juries that.”
With a blank slate, Christopherson says he listens to the case at hand, and operating within the legal system’s guidelines and boundaries sets out to make a judgment that will best serve the public as well as the defendant.
“Is this somebody that can be salvaged and learn a lesson without a prison term? Or does it appear to be someone who won’t be able to understand without the sentence and will be a danger to the public? That’s the judgement call,” he said.
Christopherson said that over the years he gas gotten better at making such calls and, “while they are not totally agreeable to both sides, are the ones that are the best for the parties in the long run.”
 


Weary that an individual who had given testimony in court might recognize his own case, Christopherson was hesitant to recall some of the most important matters  on which he provided judgment. However, he was willing to discuss motivating factors behind his decisions.
“The only outcome a judge should achieve going into a case is a fair outcome,” he said. “Most judges, if they can be called fair, would place competence second... They’d rather be fair than right. We’re all wrong. We should always be fair.”
Being fair and without bias, can be elusive from Christopherson’s position. With time comes the experience that makes a judge more alert to “potential situations or tendencies,” but it also has a danger, he says.
“If you have someone who has been in front of you three times you have to struggle not to assume they’re guilty,” admitted the judge.
“You must avoid categorizing people and situations, every person is entitled to a new start. I’m always telling juries that.”
With a blank slate, Christopherson says he listens to the case at hand, and operating within the legal system’s guidelines and boundaries sets out to make a judgment that will best serve the public as well as the defendant.
“Is this somebody that can be salvaged and learn a lesson without a prison term? Or does it appear to be someone who won’t be able to understand without the sentence and will be a danger to the public? That’s the judgement call,” he said.
Christopherson said that over the years he gas gotten better at making such calls and, “while they are not totally agreeable to both sides, are the ones that are the best for the parties in the long run.”
 

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