On Life's
  Experience:
  Law and
  Role Model

By THE HONORABLE ROBERT P. KAYE

My commentary has two purposes. I wish to share my thoughts, based on my life's experience, on a few select, but burning issues with the hope that they will contribute toward positive action. My commentary is also a challenge to others: Join in making our community a safe and happy place for all.

Judges represent the law to serve the people

There's a misconception that judges represent people — they do not. Judges represent the law.

Laws are made to protect and serve the people and, therefore, the judge's responsibility of representing the law is a service to the people. When people are made to think that judges represent them we undermine the true responsibilities of the judiciary.

"The people are the masters of both Congress and courts, not to overthrow the Constitution, but to overthrow the men who pervert it." They are the words of Abraham Lincoln. We have a government of laws, not of men, and we, the judges, have the job of upholding the laws.

Judges are not simply members of a profession like doctors, bankers, or accountants. Members of the judiciary have a unique place in our society — they pass judgment on the conduct of everyone.

We, the members of the judiciary, must adhere to the highest standards of conduct because we are members of the highest profession; we hold the destiny of our society in our hands and each citizen who is honored to wear the robe is a role model for all of us, especially our children.

We, the judges, also have the unique ability to understand the problems facing our community because we face them every day and we are charged with the responsibility of resolving them.

It is for these reasons that judges have that unique opportunity to help cut crime significantly by sharing with the community the in-depth knowledge gained as arbiter of problems and role model.

Are people born bad?

Persons who commit crimes are usually classified as psychopaths, or sociopaths — and there are some who commit crimes strictly for profit — but all do it because of a lack of moral and ethical responsibility.

This lack of proper social behavior is usually learned through life's experiences — those events which instill a deep sense of anger or despair, of helplessness or sense of not belonging.

These feelings become deep-rooted and eventually break loose into anti-social behavior which we recognize as lawlessness and crime.

Most of these root causes are experienced early in life — in the formative years, the days of our early upbringing. This means the home environment. It is at this stage that our understanding of authority and rules of behavior are formed. Our parents mold our personalities by their teaching and example. Some of us are fortunate to have had excellent role models as parents — some of us have been less fortunate. Generally speaking, these less fortunate persons are the ones who find themselves in trouble with the law as they grow older and developed. The rules of behavior in a civilized society seem less important to them, or meaningless, because they have no comparisons by which to judge their own behavior.

We tend to believe that most of the miscreants come from low-income environments or are the product of a deprived segment of society. This is partially correct — but not entirely. The same factors that go into the formulation of an individual's psyche can evolve from any environment, rich or poor, as long as the fundamentals are taught and exemplified.

The difference between a child who will engage in lawless behavior such as defacing other peoples' property with "graffiti," and those who don't, relate directly to the manner in which that person was raised. One has a deep-seated sense of responsibility and guilt — the other does not. Unless properly curbed, this concept of guilt denial, or lack of responsibility will grow until that youth becomes today's hardened criminal.

What is punishment?

The law as we understand it today is designed to punish the perpetrators and in that regard is seen as a deterrent to unacceptable behavior. However, much the opposite is true. Punishment is viewed by the criminal not as a deterrent but as a personal affront to his or her own set of behavioral guidelines. Most law breakers rationalize their behavior by blaming society for the hand that life has dealt to them — this sense of guilt denial or blame-laying does little to solve their problems. Without a realization that it is their own behavior that must change — their own sense of moral and ethical values that must be modified, the law will be impotent in resolving crime.

Yes, we need the law and we need the rules of punishment that are embodied in our statutes, but in addition, we need to instill within our youths the proper principals of morality and behavior, and this can only come from proper parenting, appropriate teaching in our schools and houses of worship and a willingness to improve our own sense of self-worth.

Let us be positive role models

We can do this by example. If we in the legal profession behave poorly, we undermine the very concepts of which we preach. If a person can point to an arbitrary application of the law or see it as a double standard then confidence in the bench will be comprised and eroded. When the law is perceived as fair and just, firm in conviction, and unwavering in impartial application, then those who are touched by it can have a hope for a better life that they seek and deserve.

This is the major challenge of the judiciary to apply the law fairly and impartially. Unfortunately, this is not an easy task. Only through years of experience in dealing with people and the problems of society can the law be properly implemented so that most if not all can respect and accept the authority of the law.

And what can we all do to attain this goal?

Where our future lies

Parents must accept responsibility for guiding their children at an early age. Throughout the formative years, our children must have the opportunity to learn from role models.

We must emphasize to our children who are our future that a role model is a person who lives by the highest code of conduct possible, cemented with integrity, impartiality, and honesty.

Let us not forget our youths who are good students, who are conscious of their self-worth, who are striving to achieve.

Today they have many more obstacles to overcome including peer pressure and a crime-oriented society threatened by gangs.

The young people who can achieve despite these odds are the saviors of our society.

We have these young people among us because of parents and teachers who gave them this opportunity.

Our youths, guided by parents and teachers, protect our peace of mind and secure our future.

The Honorable Robert P. Kaye is a judge in the Miami-Dade County Circuit Court in Miami, Florida.

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Parents
must accept
responsibility
for guiding
their children
at an early age.
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