Publicado el 09-18-2012
Can be a Good Judge
Those who hold posts in the judiciary or who want to work there must be individuals who not only have a sense of moral and civic responsibility, not only be well-versed in the law, but they also must have the temperament and the normal cunning that are needed to discharge their duties effectively and within the guidelines. Temperament is important in the sense that they should be firm and right in the enforcement of the laws and although not being insensible that they not incur in exaggerated sentimentalism that might undeservedly favor the criminals.
Sometimes there are cases in which, for example, someone is set free on bail without going through the elemental and necessary process of reviewing the characteristics of the individual who will benefit from this. And, as a result of this, bail is set for individuals who often after a few days, perhaps hours, perpetrate a serious crime in detriment of the life or property of law-abiding persons.
An officer of the court who does not have the adequate temperament within a reasonable sense of humanity to be firm in the discharge of his duties, should work in anything else that does not involve dispensing the law to protect society. And this is so because in those cases, although the individuals might want to be fair, when they become a sort of unwitting allies of the criminal because of their generosity, they are officials who are detrimental for the cause of justice and for the interests of public safety, of society in general.
All of the above in no way means that judges should absolutely be hostile toward the criminals. It is not a question of hostility but of being fair, away from personal whims in favor of or against the defendant or the criminal. Actually, what we have said refers to those members of the judiciary who are markedly flexible and generous with respect to the criminals, whether in civil or criminal cases. Thus, it is important that the judges and prosecutors carefully research if the criminal deserves, in accordance with his history, a treatment more or less lenient or, on the contrary, if he should receive an exemplary sentence and be forced to fulfill the terms of a court sentence.