Judges in some Massachusetts courts, particularly in Worcester County, acquit nearly all of the drunken driving defendants who waive their right to a jury trial, according to a year-long study of the court system that recommends curbing “what is popularly referred to as `judge shopping.’’’
The study by a special counsel appointed by the Supreme Judicial Court in the wake of a Globe Spotlight series also recommended better training for judges on how to handle scientific evidence in all criminal cases.
Comments
Do they really need scientific evidence? How about using common sense?
Start setting an example by sending people away for 6 months to a year, and we'll all be safer on the roads.
Don't like that idea? Stop drinking and driving - it's as simple as that.
Right, religiouswrong. You have no problem with, say, a first-time assault and battery conviction getting the street, but you want to send a person nailed for a DUI away for 6 to 1, even if there was no personal injury and even if there was no property damage. And, if your tag line is any indication, you are probably an anti-religious bigot. It's posters like you who make me grateful for the humanizing influence that religion supplies our culture.
Do they really need scientific evdence? Are you serious? You want to try people and convict them without scientifically reliable evidence? That is a mind blowing thought. Move to Iran. You'l love it there. They're your kind of people.
This matter is a lot more complex than the Globe story suggests (natch). The reason? Any criminal defense lawyer knows that there are certain alleged crimes that, because of the politically correct aroma that attaches to them, are almost never voluntarily dismissed (no matter how weak the evidence and how silly the charges) by the ADA in charge of the case, who is always mindful of the politically sensitive atmosphere that prevails in the DA's offices in this politically correct Commonwealth. So-called "hate" crimes (don't you just love that redundant term? Show me a specific intent crime against the person that does not involve hate) are in this category. So are nearly all crimes against woman (prostitution and botched abortions excepted). And so are DUI cases (thank you, MADD). Judges who are trained in the law, sensitive to equitable considerations, and whose lifetime tenure makes courage possible, if not guaranteed, are more certain guardians of justice in these cases than are juries, whose members may be unduly influenced by considerations grounded in political correctness and fleeting popular enthusiasms, rather than law.
It is possible that the number of OUI cases is down because drivers are more aware of the consequences and the dangers of drunk driving. The report raises many issues, but your reporting on it appears to be slanted to support your Spotlight series conclusions. Sloppy journalism undermines the credibility of a good report.
Sloppy drunks yes, sloppy justice yes...the journalism is just fine.
It's all about the money when continued without a finding the alleged drunk drivers have to pay court cost which goes to the courts the law should be changed so that lawyer cannot shop for a judge how about enforcing the laws and give some jail time as howie carr that repub a%^holes says in court the only justice is in the halls
Lenny Bruce said it long before Howie Carr.
Halt Judge Shopping....long overdue!
The vast majority of criminal cases that come before the court are resolved by plea bargain. Its not unique to OUIs. In fact the system would collapse if more case went to trial. There aren't enough judges, courtrooms, time or jurors to try more cases. The legislature cuts the court budgets and now we complain they can't do more? The report and this article are total nonsense. Judge trials have a higher acquittal rate becauce they are the very worst cases from a prosecution point of view. Either they have a very low BAC or there is some other defect which makes getting a conviction sketchy. Thejudges are just clearing dead wood from the docket. The body takes time to metabolize alcohol from the stomach to the blood stream. Its not a loophole. Its scientific fact. You want more convictions? Lower the BAC to .01. One drink you drive you're busted. Restaurants will go crazy.