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View Diary: Italy sentences scientists, officials to jail for something that is almost impossible (159 comments)

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  •  Knowing what I learned about Italian Judges (1+ / 0-)
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    nchristine

    and their justice system over the past few years I was not surprised at all... They do have good features in their system that others should think about adopting... but they have been trying to graft newer ideas onto their previous justice system and the Italian mindset... and do not seem to realize that even with all the checks and balances... the judges are all checking each others every legal move... everything gets reviewed by other judges to make sure there is no favoritism or corruption... to catch mistakes... and yet the human mind finds ways around even all that... people are people... they scratch each others backs even at high levels with people who spent years of study, had to pass rigorous exams and have to take refresher courses and be tested even more... are often only too human.

    After years of Mafia and government meddling and worse, the Italians have made the judges totally immune from political influence to the point that they have become a walled off priesthood of law who end up with practically speaking little accountability to the rest of the government or the people... they investigate themselves and award or punish internally...

    So even if a particular judge is an idiot he will still have allies anyway to call in favors from and though overworked with a staggeringly huge backlog of cases that drag on for years with sometimes just a handful of court dates in a year they still find ways to make it work well enough for themselves... The judiciary is mostly either nominally conservative or lefty, with a few non aligned in-between... and according to some observers the right or left politics part of their grouping is less important than loyalty to the faction itself... so sort of like rival mafia clans using the law and bureaucratic fiddling as weapons.

    There is a claim that the really dud judges (who still get regular promotions and raises and a really nice retirement package regardless) do not get promoted to the appeal court level as much. The appeals court and the Supreme court control who gets elevated to the higher levels and supposedly do keep the lightweights and loose cannons from moving up out of self preservation if anything but who can say? When it all works well it does work (except for taking too long) but when it does not it is stuck in its own set of contradictions and problems and the innocent and even the guilty suffer for it... and especially when the crime itself is a phantom.

    Pogo & Murphy's Law, every time. Also "Trust but verify" - St. Ronnie (hah...)

    by IreGyre on Mon Oct 22, 2012 at 04:28:37 PM PDT

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