ANOTHER THOUGHTFUL JUDGE

Longtime and careful readers of this blog know the high regard in which we hold US District Court Judge John Gleeson (EDNY). And Judge Gleeson again proves that humanity and common sense belong in the justice system. In Judge Gleeson's courtroom, he has no use and little patience for the "it's not my job" and "there's nothing we can do" attitude. 

As you peruse this opinion, and you are hopefully a judge or prosecutor, ask yourself the tough questions- is it easier for you to deny a motion or a request from a defense attorney because it's not your job, or because there's nothing you can do, or because the "victim wants the max?"

Who among you is prepared to make the hard decisions for justice? As Judge Gleeson writes- "It's easy to be a tough prosecutor." And as we say "It's easy to be a tough judge." 

Are you the kind of prosecutor or judge who takes the easy way out? 

It is easy to be a tough prosecutor. Prosecutors are almost never criticized for being aggressive, or for fighting hard to obtain the maximum sentence, or for saying “there’s nothing we can do” about an excessive sentence after all avenues of judicial relief have been exhausted. Doing justice can be much harder. It takes time and involves work, including careful consideration of the circumstances of particular crimes, defendants, and victims – and often the relevant events occurred in the distant past. It requires a willingness to make hard decisions, including some that will be criticized. 

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The United States Attorney has shown here that justice is possible in those cases. A prosecutor who says nothing can be done about an unjust sentence because all appeals and collateral challenges have been exhausted is actually choosing to do nothing about the unjust sentence. Some will make a different choice, as Ms. Lynch did here.