Empty promises and fear

From public defender blogger Between A Laugh and a Tear:

During my seven plus years of practice, I have handled a number of domestic violence cases. One of the reoccurring things that I have heard from judges is the following: “Counselor, if I let your client out, what promises or assurances do I have that your client won’t go out and do this again?”

I hate this question. There are no guarantees in life other than death. So, how can I a public defender, a man, a mere mortal promise to a judge that my client will not go and attack his girlfriend? I cannot. I do not have the ability or the authority to control my client’s every movement. I am not God. So, I argue that the Court take a leap of faith on the behalf of my client. Most of the time, the Judge won’t take that leap of faith with me, and tells me that if he lets my client out, then he will go out and kill his girlfriend; and that he (the Judge) won’t take that gamble.

Read the entire post