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US Justice System
Legally Destroying Lives |
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The TCPalm Newspaper Regarding Judge Larry Shack and his ludicrous statement,
“I’m going to hand out a million years served
before I’m off the bench,” what do we have here? Premeditation
and prejudice — already sentencing people before their cases are heard.
He is an elected egomaniac. Martin McMahon, Stuart he TCPalm Newspaper Judge Shaks Respond to Martin McMahon of Stuart I read the letter from Martin McMahon and was absolutely shocked since I never made the remark nor anything that could even be misconstrued as such. I have never thought the way that was portrayed in the letter, nor spoken that way. The quote is a complete fabrication. I am writing because Mr. McMahon raised a claim that strikes at the heart of what we as judges are supposed to do. I am responding for several reasons. First, I owe it to the public who invests me with the trusted position of this office to assure them that I am exercising the authority they have loaned me in a proper fashion. Second, as noted, the claim is patently untrue, and I do not want it impacting the proceedings in court. Third, a fabrication of that nature not only impacts my reputation, it also impacts the reputation of the court system as a whole. When a judge goes awry, the entire judiciary tends to be tarred by the same brush. Finally, I wish to use this as an opportunity to further educate the public on what we do as judges. While the judicial system is one of the three branches of government, it is the least understood, and differs dramatically from the other two branches. People regularly hear statements by members of the other two branches, executive and legislative. As judges, you hear from us only by what is printed from what is said in the courtroom. We do not make public pronouncements. We do not take public positions on contested issues of the day. The legislative and executive branches are regularly lobbied by constituents, and issues are discussed with constituents by those elected officials. By contrast, as judges our role is limited by the law. We must listen to cases and decide the issues based solely on the law and the facts presented in a courtroom. A judge must provide justice to all litigants equally, without regard to extraneous factors or concerns. Judges must apply the law equally and fairly without any agenda, and use their authority with the great care that it demands. Judges can’t have personal agendas. Judges can’t do favors for people who may support them, or show favoritism. I have been blessed with the good fortune to work as a circuit court judge for more than 16 years. My philosophy with respect to my role has been the same since the first day I put on a robe. I deal with people who are likely experiencing the most difficult times of their lives. No case is ever a number; no case is ever just a name. Every single case is extremely important to the litigants involved in them. Every litigant and every attorney is entitled to a full and fair determination of the issues in their case. I fully recognize that every decision I make or don’t make, and every action I take or don’t take, has the potential of having a significant impact on one or more lives. Sometimes the impact is lifelong. The old adage of “close enough is good enough” has no place in the judicial system, any more than it would in an operating room. As judges we understand the tremendous power and responsibility we have, and how to use it properly. Judges must recognize that they hold the enormous power and authority of the office as a public trust. Every action we take, or do not take, impacts not only the parties in the cases before us, it also impacts society in general. If Mr. McMahon truly believed he had a legitimate grievance, there are methods of addressing a complaint that do not involve letters to the editor. All courtrooms in Martin County are recorded by computer. Thus if Mr. McMahon had a legitimate claim it could be verified by the recordings. The fact is that he cannot substantiate the claim since it is untrue. Furthermore, reporters for the News are in court daily. If such a comment were made, it certainly would have been reported. There is a Martin J. McMahon who has been through the Martin County criminal court system. If this is the same Mr. McMahon he may be dissatisfied with an outcome in court. I do not know his motives. I can only note that the claim is a complete fabrication. Schack is a circuit judge assigned to Martin County. Nice letter Judge, we know you didn't say that in your computer recorded court room that wouldn't be wise... and I personaly don't care.
I don't know Mr. McMahon or where his allegations are coming
from. I only know your sentencing track record says otherwise.
Steven Misic's sentence, and many others you are handing down,
are living proof of that. The other proof is that you are not a
just judge. How is it that Ari Ravon Stanberry (a case I
am familiar with), who was charged for lewd and lascivious
battery with three prior felonies ( just like Stevens Misic),
walked out of your court room with probation? And he didn't have
a wife and four year old son at home like Steven Misic does. Who
were you afraid of, Rev. Sharpton... Jesse Jackson or both?. As
you said it yourself so rightously: " A judge must provide
justice to all litigants equally, without regard to extraneous
factors or concerns. Judges must apply the law equally and
fairly without any agenda, and use their authority with the
great care that it demands. Judges can’t have personal agendas.
Judges can’t do favors for people who may support them, or show
favoritism." If you really believe what you said then what
happened in Steven Misic's case, judge? Did you forget all of
that because you favored the young prosecutor? Or you did just
want to get to your goal of "one million years" worth of
convictions faster before you stepped down?
Giving 16 years to Steven Misic was not equal nor fair
application of the law as under the minimum mandatory sentencing
rules it could have been as little as ten years. Isn't cruel and
unusual punishment contrary to the Constitution? If your court
or any court in this land, cannot recognize the injustice of
what has occurred here, then our court system has lost sight of
the goal that our judicial system has always strived to
accomplish....justice being served in a fair and equal manner.
For all of your years on the bench, you apparently haven't
learned that committing individuals to excessively long prison
sentences is one very big failure of the system. IT SERVES NO
PURPOSE. Crime in the United States is still among the highest
in the world and the United States has a higher percentage of
its citizenry in prison than any other country in world
history.
Thanks for reading this. Someone who know Steven Misic since high school, someone who wrote you a letter back in 2006 about Steven's character a letter you didn't even read.
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The United States of
Prisons for Profit Part 1
Prisons for Profit Part 2
Prisons for Profit Part 3
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Bye Dad,
