Abstract
In Independence Corrupted, Schudson discusses the moral complexities encountered by judges in the adjudicatory process in the United States. The book includes an analysis of trials and sentencing procedures in significant court cases, some of which involve life, death, significant pecuniary damages, or civil rights issues. The author is a judge and a law professor in the United States, giving him a store of experience with the American judiciary. His professional life imbues him with enough legal information to communicate, blended with metaphors, stories about litigants and judges, contributing to the reading experience. This work is clearly a product of the author’s life experiences and its relevance is based on it being policy-oriented.
The book is divided into three parts: Judges, Chambers, and Vanishing Independence. In Part 1, the author defines who a judge should be. A key aspect in his definition is that changing judges does not necessarily change the law and that allegiances should not be to political identity. Instead, a judge should be true to their conscience and uphold their independence. Moreover, Schudson communicates to his readers what would be an ideal decision-making process, which—including character traits like humility and an incorruptible personality—must be centered on impartiality.
In Part 2, the author brings the reader into the courtroom, explaining relevant judicial decisions tainted with corruption in which he and other colleagues were involved. In one of the cases, State v. Miller 150 Wis. 2d 513 (1989), Schudson explains a dilemma involving antiabortion activists. The outcome led to the jailing of a female university lecturer for antiabortion activism. The author’s jailing of this activist prompted introspection, finally concluding that judges, to the extent possible, must strive to balance both interjection of personal morals and what the law mandates in their pursuit of justice.
Another decision involved the American juvenile justice system. Specifically, Schudson handled the case of a teenage girl who, at 16 years, was adjudicated as a child in need of protection or services at the request of her parents. This was related to her involvement in criminal behavior and drug addiction. The author conveyed the difficulty of handling such juvenile cases and offered that parental guidance is necessary for instilling unwavering moral principles. Accordingly, if the foundation from which a child grows is faulty, this may facilitate their involvement in deviant behavior, potentially limiting other legitimate opportunities.
While Schudson addressed dilemmas he faced when dealing with defendants, he also pointed out the impact that corrupt judges can have. One significant case is Wischer v. Mitsubishi Heavy Industries of America, Inc N.W.2d 303 Wis. Ct. App. (2003), where a judge, because of substance abuse, made an errant decision causing three widows to lose US$10 million each. As a result, Schudson argued that the judiciary’s integrity can be corrupted because of personal issues that interfere with professional capacity.
In Part 3, the author laments over the lost independence of the American judiciary caused by the alteration of settled laws, reversal of traditional practices, and even surrendering independence at the expense of corruption. The source of the corruption is not just legislators and adjudicators but the minds that craft the ideas. The author suggests by implication that to restore independence among American judges, politics, which has infiltrated the appointment and working of judges, should be removed from the judicial process. He reveals that judges must instead make decisions with compassion of heart, though without compromising with wrong.
While the author is honest to expose how the judiciary can be corrupted through political influence, he wonders how judges can escape corruption if they are selected by politicians. For justice to be clear—though—the judiciary should interpret the law, exercise discretion, and in extreme cases, refuse to apply laws in diametric opposition with societal norms. What the parameters are to escape from the corrupting influence on the American judiciary is not clearly stated, but there is every reason to infer that the author is proposing an inner change or spiritual revolution. More specifically, he posits that we must address a moral war on the evolving standards of decency in the judiciary and thwart the infiltration of politics.
In the afterword, the author traces his Jewish upbringing, though he does not tell whether the radical faith he portrays was an influential factor in his decision making at the time. However, he seems to acknowledge remotely that such faith could be needed among American scholars and judges. This work is essential for judges, legal scholars, sociologists, politicians, and litigants concerned with judicial decision making and related influences. Further, practitioners in the U.S. criminal justice system, and university students pursuing their future in the legal profession, will be greatly assisted if they read this book.