Charles Koch Wants To Change America’s Criminal Justice System

Charles Koch Wants To Change America’s Criminal Justice System – http://huff.to/1tbBKHD

Wherever possible the liberal and libertarian trending groups should band together.

There’s lots we disagree on but focus on those areas brings stalemate, the areas where there is agreement are areas that we can accomplish something by working together.

In many areas of the US the justice system carries on in a way that wouldn’t be tolerated in Britain, Canada, Australia or New Zealand, the other major countries with a similar system.

Two core problems I think are that elected judges and prosecutors are an unmitigated disaster, a terrible idea terribly implemented.

That creates an automatic conflict of interest in every case because an elected judge or prosecutor always has a personal stake in the outcome.

It is central to the English based systems that a judge be unbiased, independent and with no personal interest in the outcome.

“Independent” in this sense means, not removable from office except for misconduct, so the judge’s focus is on justice, not pleasing bosses or an electorate.

Electing judges defeats these central principles.  An elected judiciary is not independent.

An independent judiciary is answerable to the bar and judicial councils, an elected judiciary is answerable to taxi drivers, hair salonists and mill workers, and whatever they have that passes for legal understanding.

Traditionally judges are expected to automatically recuse themselves of their own motion if they have an interest in the outcome, and it is a grave impropriety not to do so.

Elected judges are expected to function judicially somehow while having an interest in the outcome of every case before them.

Would you want to be before a judge that’s worried the Nancy Graces of the world will cost him his job?

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