LogFAQs > #979594900

Kradek posted...

I mean, I understand that in general for normal crimes.

I just feel like the judicial system in general is being rather flippant over the incident, like it's just a run of the mill case.

"Oh, he's remorseful for stealing that item and it's his first offense? Ok, well I think I can offer a reduction in sentence"

These people were trying to steal an election and we know what Trump would have done with it had they succeeded.

We also see it in the USSC in the way they so casually handled Trump's insurrection in regards to CO. They argued it from an academic standpoint over the legitimate and stated threat that Trump is to the nation and its ability to function.

Agreed regarding the sentencing side of things.

The academic issue is broadly applicable to appellate courts in general in recent years, especially where the issues are not "traditionally" emotional/high stakes. It was very apparent when the gay marriage cases were circulating in the circuit courts, and the same is true with respect to the various statutory schemes regarding transgender care. It's an unfortunate side effect of appellate judges being detached from the trial level: we only had access to a written transcript of the trial proceedings and testimony and copies of the exhibits. Without that personal touch, it's difficult to not approach appellate work in an academic way.

It also doesn't help that appellate judges are generally in situations where they are not personally impacted by the rules contained in the authored opinions. That insulation contributes very much so to the approach that appellate work is an academic exercise.

Not to say that all judges are like that. When I was clerking and drafting opinions for my judge, one of the most important things for her was respecting the emotional investment of both the appellant and appellee in writing the opinion (where applicable; if it was an issue over money like a business to business breach of contract or something, she was generally "meh, it's just money"). While I try to be objective both in my work and personal comments, I keep that lesson in mind.