“I believe you lack understanding and maybe willfully lack that understanding,” said Judge Brennan to Masten. “It is never honorable to violate a court order.”
via No Jail For Crime Stoppers Director, Must Write Report On Law « CBS Miami.
If you are not familiar with the case, it involves the head of a Crime Stoppers tips phone line who refused to turn in information that would potentially lead to the identity of a tipster and his/her life put in danger. Director Richard Masten rather than turn in the piece of paper where the info had been collected to the judge, proceeded to eat it,…in court.
I lost a link where it had all the superior court decisions and other legalities that explained the legality of anonymous tips (rather than full-fledged accusations which are covered by 6th amendment) so i won’t dwell on this part. But Crime Stoppers has been perhaps the most effective tool in police work ever designed. You cannot watch an episode of the First 48 in which a tip is called in via Crime Stoppers to help solve or at least guide the investigation to a possible motive and/or suspect.
What surprised me and not in a positive way is that the judge said what she said as if court orders are always 100% infallible and constitutional. Even though we indeed have a system to redress the injustices done in a court of law (apparently the judge does not know what superior courts are for), these are not always fast and in cases where time or life are at stake, they offer no immediate protection. It is to the individual to do what he considers morally right and understand that some jail time might be included in the package until justice is done.
I would like to see this particular case be examined a bit more deeply regarding the judge’s actions. But I won’t hold my breath, this is Florida.
I saw a video about this earlier this week.
I would say Masden broke the law, and he should probably be punished for breaking the law, but he did so with his oaths in mind, and I support what he did.
It’s not the sort of thing I think should usually be condoned, but at the same time, Judge Brennan’s response makes me not want to send anonymous tips, as a power-tripping judge may decide they shouldn’t be anonymous and put me at risk for it.
Clarified: I think Masden did the right thing. I also think what he did was, and should still be, illegal.
Laws help guide us on our behavior and we don’t always agree with them. But, yes, if you decide to do what is right in your mind and it breaks the law, get ready to explain it to a judge.
That’s the way it has always been in America, right?
Let’s see…
Roe vs Wade
Plessy vs Ferguson
Kilo vs Newhaven
ACA (Obamacare)
Hmm…some real judicial stinkers no matter what your opinion is on the topics. These were so strained that the justices deserve impeachment for incompetence for each of them.
So, the judge can go to hell with the attitude that we had better follow all their rulings. Just following orders had some drastic results with the Nazis and I won’t go along with any nonsense that a jerk in a robe pulls out of his posterior.