Quote by Judge Morris Hoffman
The moral authority of our most cherished institutions comes from their voluntary nature: the value of advice from a priest, a teacher or a loved one depends in large part on the fact that we are free to ignore it. But judges' pieces of 'advice' are court orders, enforceable ultimately by the raw physical power of imprisonment. It is precisely because of the awesomely enforceable nature of our powers that we must be so circumspect in exercising them. It is one thing for a co-worker, family member, doctor, or clergyman to confront someone about a perceived drug problem; it is quite another thing for a judge to compel drug treatment. Drug courts not only fail to recognize this important institutional distinction, but their very purpose is to obliterate it.
Summary
This quote emphasizes the importance of the voluntary nature of advice and the moral authority of institutions. It highlights the fact that people are more likely to value and consider advice from individuals who they have the freedom to ignore. In contrast, judges' "advice" is enforceable through court orders and the power of imprisonment. The quote suggests that because of the significant and enforceable nature of their powers, judges must be cautious in exercising them. It argues that drug courts, by compelling drug treatment and blurring the institutional distinction, downplay the importance of voluntary choices and undermine the moral authority of the judiciary.
Topics
Advice
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