http://fish.blogs.nytimes.com/2009/05/24/empathy-and-the-law/?apage=11#comments
Empathasing with the people is fine, but not by judiciary.Justice calls for intrepretation of law impartially without emotional connect,however difficult it might be. In any judgement empathy creeps in.Once empathy is created, the outcome of the trial is predetermined.
However empathasing in social causes, taking into account social conditions is welcome, for laws are meant for society and not vice versa.In such cases you must be proactive.
But in individual case, if the judge were to emphathise, it will be disastarous.For example, in a murder trial if the judge emphatises with the defendent,he/she would not be in a position to analyse the evidence impartially.I suspect, many of the lenient judgements are born of this, labelling under”mitigating circumstances”.Once you have empathy you seek the reason for the offence.Even murder/rape/kidnapping/robbery has a reasos FOR the defendent.Are we going to be lenient to them?
Empathising in social causes is fine;in individual cases shall usher in lawlessness.
— S.V.Ramanan
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