About This Blog

Judging Crimes is a blog about criminal law, violent crime and the judiciary, dedicated to making the liberal case for greater democratic control of the criminal justice system.  It's a "view from the trenches" because it's written by a practitioner, not an academic or journalist.  It examines the changing role of the judiciary in American society by looking at what judges actually do, rather than what they say.  I know what they do because I deal with the consequences every day. 

Opinions issued by judges, from Supreme Court justices on down, are justifications for the exercise of governmental power.  But it is the exercise of power itself that should command our attention, not the justifications.  Judging Crimes is concerned with the reality of judicial power rather than the verbal formulas used to defend it. 

American law professors have long liked to say they teach their students "to think like a lawyer."  Learning to think that way is a matter of internalizing certain assumptions.  The practice of judging is likewise based on a foundation of shared assumptions, among them that the United States Constitution -- a document of 8,335 words, the length of a book chapter -- provides an answer to every question.  Rather like a Ouija board.

These assumptions are so ingrained -- and their internalization is so necessary to the successful practice of law -- that most people who subscribe to them aren't even aware of having done so.  Judging Crimes will try to engage not just with the expressions of judicial power, but with the assumptions on which those expressions  rest.  

Judging Crimes won't be filled with daily entries commenting on the day's events or provide a best-of-the-web welter of links.  Many other blogs already do that, far better than I could hope to do.  (Check out these.)  Instead, Judging Crimes will contain pieces of a length that might seem long for a blog but would be short in a serious magazine.  I hope to post new pieces several times a week.

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« 49. Putting faces on murder | Main | 47. Constitutional misogyny »
Monday
Jan162006

48. A piece of the action

District Court Judge Herman Alossitandi has the distinction of being the first judge arrested in Indonesia since the 1950s.  According to the Jakarta Post, the judge instructed a court clerk to demand 150 million rupiahs (about $15,000), although the clerk was so caught up with enthusiasm that he asked for 200 million.  The crowning twist of this graft-within-graft was that the money was demanded from "a key witness in a Rp 311 billion graft case involving a former head of the state social security agency, Jamsosteka."

The best part of the story is this juxtaposition:

A spokesman for the South Jakarta District Court, which has earned the reputation as the "dirtiest" district court in the capital, raised concern over the incident.

"This incident is shocking," Judge Johanes Suhadi said.

Cue Claude Rains.  In the blogosphere, Jakartass's Jan. 11 laconic comment reminds Western readers just how political judging can get in Indonesia.

The Post article doesn't give enough information to evaluate exactly what Judge Herman was doing.  Why would he demand money from a witness rather than a  party?  Perhaps the "key witness" was himself vulnerable or was relying on a grant of immunity. 

But the story reminded me of Brooklyn's Supreme Court Justice Victor Barron (a reminder: in New York, the Supreme Court is not a supreme court, but a trial court), who pled guilty to demanding a piece of the action before he would approve a settlement in a tort case involving a brain-damaged little girl.

I once heard someone say that the best way to make money is to be standing around when it changes hands.  That's how mergers and transactions lawyers work, and investment bankers, and all the other professionals who make the bongo bucks.  Judges such as Victor Barron and, it may be, Indonesia's Judge Herman spend long days hearing about vast sums of money changing hands.  Is it any wonder they occasionally find themselves daydreaming about tapping the pipeline?

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