The backlash over a lenient ruling given to a judge convicted of sexual harassment continues to boil over as protesters on Sunday staged a sit-in in front of the Judicial Yuan in Taipei.
Each protester held up a white rose — a symbol of innocence and purity that was adopted in the 2010 White Rose Movement, after courts handed down lenient sentences in two cases involving the rape of underage girls.
Apparently, not much has changed since then, as preposterously light punishments for sexual offenders — and drunk drivers — continue to make headlines on a regular basis.
The latest case has drawn additional ire, presumably because it involves a judge at a time when public distrust of the judicial system is high.
Chen Hung-pin (陳鴻斌) was dismissed as a Taipei High Administrative Court judge after being charged with sexually harassing his assistant.
However, in a second ruling, he was allowed to keep his job and pension, and fined only NT$2.16 million (US$74,138).
During the sit-in, the White Rose Social Care Association said that it is tired of judges who are out of touch with the public and “playing with the justice system.”
Nobody wants to hear anymore about rapists avoiding jail time because they showed “remorse” or “did not use force.”
The protesters made some practical and reasonably attainable suggestions that could serve as a good starting point: New judges taking office must have at least five years of working experience as a lawyer; judges must be limited to six-year terms; and repeat sex offenders who are a danger to the public must not be released from prison based on an individual judge’s decision.
The government has taken some steps, such as a 2016 decision to name the judges in all major cases via press releases by the Judicial Yuan.
However, the only solution seems to be a complete overhaul of the system. The National Congress on Judicial Reform met in 2016 and last year, but was unable to reach a consensus on whether to adopt a jury or lay assessor system.
Meanwhile, the government is going ahead with its proposed “citizen judge” system, which requires three court judges and six citizen judges. While the proposal has received mixed reviews, it seems to work on paper, as having multiple people rule on a case is better than the current system.
While systems that rely on people’s judgement will continue to have their flaws, and will by no means eliminate misrulings, having several judges is surely more effective and more authoritative than having one person handing down rulings often based on their personal biases and political leanings.
However, a day after the White Rose protest, the Taiwan Jury Association gathered in front of the Judicial Yuan, waving banners and urging the public to march on May 5 to demand the implementation of a jury system.
The association’s concerns with the “citizen judge” system are legitimate, as during simulated court sessions the three court judges seemed to wield more clout, even berating the citizen judges at one point.
If these judges continue to act the way they do even after so much public outcry, perhaps more drastic measures should be considered — such as a jury trial system that gives the jury the power to reach a decision in criminal prosecution cases.
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