Following a week-long hearing where over 150 females testified against doctor Larry Nassar, judge Rosemarie Aquilina ruled in favor of the victims, sentencing Nassar to up to 175 years in prison. Though her sentencing was just, Aquilina’s personal remarks during the trial have been criticized for crossing the line of her role as an impartial judge.
Throughout the trial, Aquilina’s sympathy towards the victims was clear — she provided words of encouragement saying, “You are so strong and brave,” and “Leave your pain here. Go out and do your magnificent things,” to the “sister-survivors.” On the other hand, her hostility towards Nassar was also clear. Following the sentencing, Aquilina stated to Nassar, “It is my honor and privilege to sentence you,” as well as, “Our Constitution does not allow for cruel and unusual punishment. If it did … I would allow someone or many people to do to him what he did to others.”
Many have praised Aquilina, calling her a hero, as she became an important advocate for victims in court and a powerful figure as part of the #MeToo movement. However, others have seen her compassion towards the victims and harsh attitude towards Nassar as biased, inappropriate and harmful to the morals of the justice system.
While I think Aquilina’s last comment that reflected the belief of “an eye for an eye” was not the most appropriate, I don’t believe that it is wrong for her to be seen as a figure important to the movement against sexual assault. Aquilina’s sentencing of Nassar was completely fair as he abused over a hundred young females over many years, and this trial was a major milestone especially in light of recent events surrounding sexual abuse.
In class, we just finished learning about the judicial system including the role of judges in ensuring that the interpretation of laws remain consistent. Judges invariably differ in viewpoints and interpretations, but at the same time strive to be impartial in their decision-making. As we learned in class, some judges practice judicial restraint while others practice judicial activism, and all judges come from different backgrounds that would potentially affect their rulings.
Do you think that Judge Aquilina’s personal remarks were appropriate in court? How do you think she should have acted? What is your opinion on Aquilina now being seen as a hero and an advocate for victims of sexual abuse?
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13 comments:
I think judge Aquilina's personal remarks were not super appropriate for court, but I think in that highly emotional situation it can be understandable, and justifiable. I think she is definitely an advocate for victims of sexual assault, as she was the one to finally serve justice and give people hope. I don't see any problem in her comforting the victims while they were giving their testimonies, it is not an easy thing to do. I also think that many other people in her position would have acted the same way, as this is very emotional and long time coming.
I think Judge Aquilina's remarks in this case were a little inappropriate. I understand that this is an emotional issue and I can see why Aquilina would make these kind of comments, but at the same time, the judge in any case should keep their personal emotions out of their decision. A judge in supposed to be fair and impartial, even if they have strong feelings about the case. Despite the fact that I think Aquilina got too emotionally involved in this case, I think the the sentence she gave to Nassar was justified as he plead guilty to the charges and so many witnesses testified against him. I don't think Aquilina should be seen as a advocate for victims because she is a judge, not a politician, her job is to ensure that justice is provided for victims of all crimes.
Building on the comments above, the role of a judge is to provide a fair trial for all, even though it can be very apparent that someone is guilty. Her remarks were unprofessional. Even though she is entitled to her own opinion, the court is not a place for a judge to voice their opinion.
I agree with Will on the fact that Judge Aquilina's remarks as inappropriate. It is very clear that the judge is trying to sympathize with the victims. This should not be allowed because the decision that the judge will make is going to be very biased. Furthermore, an appointed judge should uphold the law and make fair and impartial decisions.
Judges say this sort of thing all the time. Few people bat an eye when other judges say this sort of thing; the only reason it's drawing such attention is because it's a very public case. In general, judges probably shouldn't say things like the hostilities she directed at Nassar, but from what I've seen she is getting more flack for this than she deserves, as well as more flack than her colleagues tend to.
I think that some of Judge Aquilina's comments were inappropriate in a court of law. Yes, what Nassar did was wrong. Of course, Nassar definitely earned his sentence, I do not pity him, and Aquilina made the right ruling. But some of her harsher comments were unnecessary to the hearing, and she should not have inserted her own emotions into the hearing; she should have simply stated the sentence.
I agree with Aech in. that judges make smart remarks in court a lot of the time and it goes unnoticed. All court shows on TV show the judges smirking and laughing when something seems so stupid to end up in court, and I think in this case Judge Aquilina said it without thinking twice about it, but also because Nassar deserves the punishment he received.
While I don't find most of Judge Aquilina's comments stated here inappropriate, especially those of comfort and support for the victims, I do not think that she should have said anything like what Ashley called her "eye for an eye" comment. Even though that is Aquilina's belief and she probably said it to convey how despicable Nassar's actions were, I feel like this comment was inappropriate to say in court and advocated for the very actions that the trial was trying to prevent in the future. I think she should have just said her comments of support and comfort for the victims and left out her harsher comments to maintain more objectivity, even though I understand it is almost impossible to be objective in a situation as extreme and horrible as this one.
I do think that some of Judge Aquilina's remarks were inappropriate in a court of law. Although judges may make other comments that are just as bad, it does not make it okay fo rthem to say it. They are completely allowed to say the truth or say what they need to say but they should also be appropriate and respectful to everyone, unless someone is disrespecting them. What Nassar did was not okay and he earned what he got and Aquilina made the right decision. However, some of her comments were unnecessary to the hearing. She should be completely unbiased and she should be respectful to everyone because that is what he job needs her to do.
I think that Judge Aquilina did overstep her boundaries for making appropriatecomments in court. It should be okay for her to express her constitutional reasons to make that judgment and I definitely agree with her ruling, but she made her comments very personal and detailed what she personally wished she could punish him with, which is not something a judge should be doing. As a judge, she is supposed to remain unbiased and nonpartisan and her ruling should be based on the law rather than her personal belief.
However, I've heard that she's getting a lot of backlash for being "mean" or "unreasonable" and I completely disagree. Her personal biases aside, Judge Aquilina was sentencing a man who could've faced 265 counts of sexual abuse from women who spoke up against him, and her judgment was perfectly reasonable under the boundaries of law.
On a slightly separate note, and to connect this controvery back to class material, Aquilina's comments in court probably affect herself more than they affect Nassar. Nassar's sentencing would've been the same regardless of whether or not the judge made her personal comments. However, her arguably partisan comments probably will be a problem for her if she wanted to get a promotion into a higher court. Because the Senate does screening for federal judges, her partisan comments will likely be held against her and she won't be granted the position. I'm sure she probably knows this though, so while I believe that her comments were inappropriate for court, if she is conscious of what this will do for her career moving forward but still wants to express her opinion or shed some light on the awful nature of the crime, then I think that she can make whatever comments she wants.
I do believe that the sentencing of up to 175 years in prison is appropriate, but the judges remarks were not. Federal judges are supposed to be non-partisan, and they are supposed to give out rulings based on the laws in this country, and not her own emotions. It is very understandable why she had those emotions, especially against someone like Nassar, but some of her comments were not necessary.
I do want to bring up the idea of bias that's been floating around the threat. This wasn't a hearing of the facts or the initial plea hearing, where judges are supposed to be nominally unbiased. This was a sentencing trial, where judges have free reign (and in some circumstances, are encouraged) to be personally biased in both sentencing and in final remarks to the defendant, as state judges such as Aquilina are elected instead of appointed.
I agree completely with everything Judge Rosemary Aquilina said and did. Some may argue that her remarks were a little over the top or inappropriate yes, but do you know what else is inappropriate? Sexually abusing over 100 girls. I for one, am more than happy to see justice served, and see this judge put that monster Nassar in his place. His letter which he wrote to her, in which he stated how hard it was for him to hear his victims testify, was pathetic, and her reaction was what any sane person would do. Yes, she was obviously angry and appalled by Nassar and his actions, but the fact that she had personal emotions about this case doesn't change that she did the right thing. In a time like this, where more and more abusers are being held accountable for their actions, I think it is important they know that there is no sympathy for them.
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