constraints on judges like mandatory minimums/three strikes/customary adherence to federal sentencing guidelines do this more
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Replying to @alicemazzy @onetruecathal
the ideal of the judge is a person invested with the power to make subjective decisions based on individual circumstances
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Replying to @alicemazzy @onetruecathal
and there is an entire culture built up around impressing upon them and upon us the gravity of this power
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Replying to @alicemazzy @onetruecathal
ideal judge is the opposite of the ideal bureaucrat, a person stripped of all such power, there to implement a rigid system
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Replying to @alicemazzy
Not saying I don't like Judges, and having a human arbiter is crucial to bring humanity to an otherwise impartial, but sometimes cruel thing
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Replying to @onetruecathal @alicemazzy
After all, Justice is blind, but she enforces laws written by politicians, lobbyists, and bureaucrats. Judges are last line of defence.
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Replying to @onetruecathal @alicemazzy
BUT: Sometimes they are asshats :)
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Replying to @onetruecathal
spoke in terms of the ideal (model) advisedly, of course you get judgements only as good as the judge
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Replying to @alicemazzy @onetruecathal
like the stereotypical argument that the constraints and diffusion of responsibility in democracy (which I don't agree...
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Replying to @alicemazzy @onetruecathal
...with for other reasons, cite as illustrative) guard against the iniquities of tyrants but also preclude truly great rulers
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the unfettered judge and the interchangeable bureaucrat merely serve as a good rhetorical contrast
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