Early last month, a video clip of an address made by US Supreme Court Chief Justice John Roberts at his son’s high-school commencement ceremony went viral.
“From time to time in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice ... and I hope you will have just enough pain to learn compassion,” Roberts says in the clip.
His wishes for graduates to learn from their own frustrations are very unusual. They are also part and parcel of the concept of empathy, a skill invaluable to the judiciary.
If trials could be carried out with empathy and judges put themselves in others’ shoes to understand the parties involved and to solve disputes, then it would be possible for the public to trust the judicial system.
With trials by jury, the US judicial system allows people to participate, in order to avoid arbitrariness and lack of empathy from the judge, perhaps neglecting the important principle of the presumption of innocence, under which a suspect is considered innocent unless proven guilty. In some cases, judges try suspects and encounter unsavory characters on a daily basis, so it is sometimes difficult for them to maintain the presumption of innocence.
However, according to an opinion poll published by National Chung Cheng University last year, as many as 84 percent of Taiwanese do not trust judges — a state of affairs difficult to imagine in a democratic nation. At this critical moment in Taiwan’s judicial reform, the key to success lies in empathy toward the public.
Whether it is the US jury system or Japan’s lay judge system, their purpose is to create opportunities for people to participate in trials with empathy.
At the sixth meeting of the judicial reform preparatory committee on Monday last week, President Tsai Ing-wen (蔡英文) declared four main areas for reform, including transparency of judicial proceedings, improving the selection and discipline of judges and prosecutors, and the establishment of a system of civic participation in the judicial process, all of which are necessary to rebuild public trust in the judicial system.
Facing the judges and prosecutors, who are in general considered to be “the winners at the game of life,” the public concern should keep track of the policies related to rebuilding the judicial empathy.
Huang Di-ying is a lawyer and deputy director-general of the Taiwan Forever Association.
Translated by Lin Lee-kai
The Chinese Communist Party (CCP) has long been expansionist and contemptuous of international law. Under Chinese President Xi Jinping (習近平), the CCP regime has become more despotic, coercive and punitive. As part of its strategy to annex Taiwan, Beijing has sought to erase the island democracy’s international identity by bribing countries to sever diplomatic ties with Taipei. One by one, China has peeled away Taiwan’s remaining diplomatic partners, leaving just 12 countries (mostly small developing states) and the Vatican recognizing Taiwan as a sovereign nation. Taiwan’s formal international space has shrunk dramatically. Yet even as Beijing has scored diplomatic successes, its overreach
For Taiwan, the ongoing US and Israeli strikes on Iranian targets are a warning signal: When a major power stretches the boundaries of self-defense, smaller states feel the tremors first. Taiwan’s security rests on two pillars: US deterrence and the credibility of international law. The first deters coercion from China. The second legitimizes Taiwan’s place in the international community. One is material. The other is moral. Both are indispensable. Under the UN Charter, force is lawful only in response to an armed attack or with UN Security Council authorization. Even pre-emptive self-defense — long debated — requires a demonstrably imminent
Since being re-elected, US President Donald Trump has consistently taken concrete action to counter China and to safeguard the interests of the US and other democratic nations. The attacks on Iran, the earlier capture of deposed of Venezuelan president Nicolas Maduro and efforts to remove Chinese influence from the Panama Canal all demonstrate that, as tensions with Beijing intensify, Washington has adopted a hardline stance aimed at weakening its power. Iran and Venezuela are important allies and major oil suppliers of China, and the US has effectively decapitated both. The US has continuously strengthened its military presence in the Philippines. Japanese Prime
After “Operation Absolute Resolve” to capture former Venezuelan president Nicolas Maduro, the US joined Israel on Saturday last week in launching “Operation Epic Fury” to remove Iranian supreme leader Ayatollah Ali Khamenei and his theocratic regime leadership team. The two blitzes are widely believed to be a prelude to US President Donald Trump changing the geopolitical landscape in the Indo-Pacific region, targeting China’s rise. In the National Security Strategic report released in December last year, the Trump administration made it clear that the US would focus on “restoring American pre-eminence in the Western hemisphere,” and “competing with China economically and militarily
RSS