Friday, October 07, 2005

Judicial Coercion (19)

Judges have authority from God to use force. They have authority to enforce the sentence upon a person who is found guilty. An example is found in Exodus 22:9.

both parties are to bring their cases before the judges. The one whom the judges
declare guilty must pay back double to his neighbor.
The person who is declared guilty by the judges, must do what the judges require. If their response was voluntary, justice will break down. For justice to function, judges must have powers of coercion. They the only group in society who can force a person to do something that they are unwilling to do.

The judges may employee people to enforce their decisions. These people would need to be bold, strong and sensible. Actions taken while enforcing a judicial verdict would be immune from prosecution. Judges would make use of people who had experience at getting repayment of debts. If a person became careless and got into trouble, the judge would stop using them, and find another person who is more sensible and careful.

Although judges have power of coercion, this power is limited to the cases that are brought before them. If they use force in any other situation, they could be prosecuted before another judge. If a judge uses his power in a malicious way, people will stop taking cases to him, and his power will disappear. Having multiple judges is the best protection against unrestrained judicial power.

No comments: