Empathy On The Courts

Empathy is the latest term being thrown around lately by the political parties. It is a term that essentially means being able to understand what another person is experiencing in their life. The Democrats think we need more judges who are empathetic. Republicans believe a judge should not display empathy. However, the question still remains. Should a judge show empathy when making a decision?

I think the answer is no. An judge who makes rulings based on empathy is showing bias towards one party over another. For instance, say we have a landlord who is owed several months back rent from a minority tenant and the landlord decides to evict the tenant. If the judge rules in favor of the tenant because they can relate to the harsh times the tenant has been through, the judge is clearly showing class bias by saying the landlord does not have the right to evict a tenant solely based on the background of the tenant even if it means the landlord possibly losing their property to foreclosure.

A judge has a responsibility to keep a clear understanding of the legal issues at hand and the rule of law. Showing empathy to a person, group, or cause can emotionally change the decisions made by a judge even if it means disregarding the rights of the other party.

Lady Justice is blind for a reason. Our courts are supposed to represent all that is fair regardless of race, gender, sex, and background. We need courts to base each and every case strictly by the law and Constitution even if it means ruling against an issue they are empathetic towards.