Judges Are Human Too: The Unpredictable Nature of the Judicial System

By Josie Mastandrea

Everyone chuckled before returning to the matter at hand–an OUI (operating under the influence) case against a defendant who had crashed into a building coming home from a bar. That premise may not sound great for the defense, but the facts were on their side, from my perspective, at least. No breathalyzer test, no stumbling, no slurred speech, and complete compliance with the police on the part of the driver. Not to mention, this kind of case requires the prosecution to meet the highest burden in the legal system: beyond a reasonable doubt. 

The case was looking so good for the defense that at the end of the trial, we were surprised the judge even announced she needed a moment in her chambers to deliberate. Imagine our shock when the verdict she delivered upon her return was guilty.

Chris was shocked for just a moment, though, then he shrugged. 

“That’s just how it goes,” Chris said, “A different courtroom might have seen a different verdict.”

There is certainty in a plea deal. A plea deal is a negotiation between two equal parties, so a judge gets taken out of the picture entirely. As a defendant, you might not get everything you want by pleading out, but you’ll also be able to mitigate how much you could lose at trial, depending on the day it’s scheduled and the courtroom it’s scheduled in.

None of this is to say that judges are necessarily arbitrary or capricious, but it is to say that they are human. Someone must make the decisions, it just so happens to be them, and not me or you. It might have something to do with their educational and professional qualifications, but who knows!