Skip to main content

Larry Nassar and the Objectivity of the Law

I recently shared an article on Facebook that argued that Judge Rosemarie Aquilina crossed the line from justice to vengeance in her sentencing of Larry Nassar.  If you're not familiar with Nassar, go ahead and familiarize yourself.  None of this will make sense if you are not.  Assuming you are, let me say a few things.  Because my sharing of this article did not go over very well, I want to explain very briefly what I do mean and what I do not mean.  Let's start with the latter.

Here's what I am not saying:
1) Nassar's crimes weren't heinous.  They were.  He is a bad person and he deserves to have bad things happen to him.  I'm not sure what an appropriate punishment would even be.  Emasculation is not out of the question. 

2) The Judge shouldn't be incensed.  Judges are humans.  You can't expect them to be anything less when acting as a judge.  The overwhelming nature of the evidence in this case should cause us all to burn with righteous indignation, even if we also maintain the potential for forgiveness.   

3) Sexual assault isn't serious.  Sexual assault is a big deal.  It is an epidemic and it's not getting better.  Awareness is growing, but our country's attitude towards sexuality continues to be more and more corrupt as cultural plagues like pornography and sex trafficking continuously objectify women.

So, just to be clear, I am not saying any of those things.

On the other hand, here's what I am saying:
1) Judges must be cautious when expressing their opinions.  Humans have emotions, but we all must constrain them, especially those, like judges, who are in positions of authority.  While they can express disdain for the acts that the criminals have perpetrated, judges must be careful, not only when actually sentencing criminals, but also when expressing their just anger against them.  It is my opinion that Nassar's judge went too far when by expressing the desire to subject him to sexual assault.

2) The Law is to be dispassionate.  While a judge may have strong feelings regarding a case, he/she simply may not allow those feelings to dictate her sentencing.  Objectivity is key to passing judgment properly as feelings are rarely a trustworthy compass.  A judge is supposed to sentence a criminal based on objective criteria.  That is his/her job.  A judge who cannot separate personal feelings from objective sentencing should not be a judge.  Once again, while I don't believe that her sentence was unfair, it is my opinion that her judgment was clouded and she lost objectivity in this case.  Even if she didn't sentence him beyond the dictates of the law, the way that she expressed her wrath impugned the objectivity of the law in this country, if we have any left anyway.

3) Two wrongs don't make a right.  Justice must be served.  Government officials are put in place by God to execute judgment, so they have no right to forgive.  That is not their role.  However, executing a punishment that goes beyond that which is Biblical and/or humane is not justice at all.  Cruel and unusual punishment will not provide closure, nor is sexual assault the panacea for sexual assault.  A judge acting arbitrarily and recklessly is not the answer.  Granted, she stayed within the boundaries of the law in her sentencing, but expressing the desire to go beyond the law in such an offensive way is self-defeating.  I'm sure she's not the first judge to express the desire to go beyond what the law allows, but her sentiments, in my opinion, went beyond what is appropriate.

So, that's all I was really saying.  I was really just sharing an article I thought made a good point.  I am not supporting Nassar, nor am I extenuating sexual assault.  I hope that's clear enough.

Comments

Popular posts from this blog

"Father, Forgive Them"

“Father, forgive them, for they know not what they do.” Forgiveness is hard.  Forgiveness is really, really hard. It’s difficult to forgive others who have genuinely harmed or offended us.   It’s easy to say , “I forgive you,” but it’s extremely difficult to feel it–to make peace in our hearts with the injustices that others have perpetrated against us. It just doesn’t feel right.  Sin should be punished!  Wrongs should be righted!  Right?! It’s difficult to forgive others when they ask for it.  It’s even more difficult to forgive them when they haven’t asked for it–when they don’t even recognize what they’ve done to hurt us. As our Savior hung upon His Cross, He asked the Father to forgive those nearby–those who were unwittingly contributing to the greatest injustice in the history of the world. These thieves, soldiers, and standers-by had no idea what was happening.  They had no idea that the jealousy of the Jews had placed Christ on that Cross...

5 Reasons I Want my Wife to Start Wearing a Head Covering during Corporate Worship

    Of late, the issue of head coverings has come up in my circle.  Okay...my cousin and I have been discussing it, but the point is, the issue has been bouncing around my head for the past few days.  It is a topic that I have avoided for some time.  Every time I read through 1 Corinthians, I would tell myself, "We'll get around to that."  The reality is that I didn't want to be "that guy"...that guy who people view as a chauvinistic jerk who wants to make sure everyone--especially his wife--remembers that he's the head of his home.  I think I'm beginning to respect "that guy"--those men who have cared enough to stand for what they believe.     Let me be clear that I am referring to head coverings for women (those old enough to leave them on...)  DURING CORPORATE WORSHIP.  I am not advocating head coverings at all times.  Though I see nothing necessarily wrong that practice, I don't see any command for it either.   ...

Paedocommunion: Consistent Covenantalism or Anti-Confessionalism?

    Being raised as a paedocommunionist (that means our kids get to eat Jesus, too), I have always been amazed by how passionately credocommunionists (that means their kids don't get to eat Jesus until they articulate a "credible" profession of faith) dislike the practice.  I would think that they could look at paedocommunion and at least respect it as an attempt to live out Covenant Theology in a consistent way.  Instead, paedocommunionists have been widely viewed as being on the fringe of the fringe (yes, that far) of Reformed Theology.  I like to think that I have been able to agree-to-disagree in an amicable way with my credocommunionist friends.  However, I will admit that being discounted as "unconfessional" (trust me, I've been called worse) has made many paedocommunionists (you'd have to ask my friends whether or not that applies to me) act in a manner that lacks Christian grace.     So, the question remains, is paedocommunion a view hel...