Recently on an observation visit to Superior Court, I sat in on another probation violation hearing. Probably a weird hobby by some people’s standards. But to me it’s a part of the job, and a lot more interesting than, say, mowing the lawn. Anyway, the man the Judge was talking to looked scared to death. An act or the real deal? I wondered. He was underweight by about 30 pounds and tattooed from head to toe, definitely a colorful character. He had a public defender by his side – up until the Judge asked him to sit in the witness stand.
The prosecutor fired away at questions, “Why did you miss your domestic violence counseling sessions” “I was really sick” “Do you have a doctor’s note to verify you were sick? “ “Uh… no.” “Why not?” “Uh, I didn’t ask for one.” “Then why didn’t you go to class when you felt better?” “Didn’t have a ride” ”Couldn’t you get transportation? Etc. etc. He came up with reason after reason why he just couldn’t make those darn inconvenient classes. I was pretty impressed at the no baloney stance the prosecutor took.
The judge fell for it. Was it ‘hook line and sinker” or did the guy really deserve another chance? I can’t imagine being a judge is an easy job. And whether it was his second, third, fourth, or tenth chance I don’t know. But he sure looked relieved. You could almost see the sweat dry right off him.
I wondered what the prosecutor thought, because it looked, from her face like it goes both ways with some regularity.
I wish I knew where he was ultimately sent for DV classes. I’d love to know if he followed through or not and is completely them. Sometimes the discussion in the classes is whether the guys are just spending time; pretending to be into it, or if they really are engaged in the lesson of the day. It’s not that hard to tell who is and who isn’t after a couple weeks observing them and talking to them.
How many chances would you give someone? How hard is it to determine if the excuses are sincere or if the person’s blowing smoke? Do you consider yourself to be a good judge of character?
The rules have just changed on how many classes you get to miss. They don’t care about your excuse. In fact they don’t even want to hear it.
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Jackie Dishner · May 18, 2010 at 7:56 am
Interesting post. I’m curious to know what you learn from attending these court hearings. I think I’d feel frustration. It seems like a good idea that the rules demand attendance. Even if the attendee is only going through the motions, it’s very possible he or she might get something out of time in the classroom. If not, maybe they need to experiment with different instructors.
Admin comment by admin · May 18, 2010 at 8:07 am
You’re right, there are certainly times I do feel frustration. It’s fascinating to watch the wheels of justice in motion (or skid to a halt). The attendees in mandated DV classes are as diverse as students would be in any other class and that’s unfortunate in many respects. Some really just bide their 26, 52 or whatever number of weeks given. Some make a concentrated effort to make personal change. While the instructor has something to do with it, a lot is also dictated by the curriculum the counseling entity utilizes. They’re not all created equal.
Larry Kaminer · May 18, 2010 at 2:26 pm
With DV, once a man has struck a woman, (sorry guys, it is usually a man harming a women ..so sorry for the generalization) she doesn’t get a second crack at the situation to see if she could have handled it any better or avoided it. The damage is done. So the batterer should also not be afforded a second chance. You couldn’t make the class because you were sick? Please. If you got a call that day to come and pick up your check for your winning lotto ticket you would have been “un sick” and found a ride in two seconds flat.
Admin comment by admin · May 18, 2010 at 2:34 pm
Are you sure you wouldn’t like to be a prosecuting attorney? You are right on the money. Pun intended, of course. Thanks Larry
Larry Kaminer · May 19, 2010 at 2:55 pm
Offenders who keep getting second and third and umpteen chances never change their behaviours. Why should they. There is no pain point.
As Dr Phil would say to any judge who hands out a string of second chances “So how is that working out for you”
Admin comment by admin · May 19, 2010 at 3:00 pm
You’re right, Larry. And the question could be asked of the victim, and by extension the public, “How’s that working for the rest of us?”