Mother vs Judge, Family and Legal Issues

[vivico1]

One of the first things in the book that I was amazed at was here is Alex, a judge who knows that this case is going to come her way. And if you think about it, this is the dilemma of many judges in many small towns especially. You will be the judge on cases where you know the people involved and are expected to be non-biased, its a necessity of the job. Alex expects to be on this case, I think even wants to be on this case, and thinks she can do it fairly because her daughter was not killed. Do you think thats true? Do you think, given that she will know these kids, from the killer to even her daughters boyfriend, that she can be impartial? And given that her daughter not only attended there, but was in the horror and hurt and is going to have to deal with it all and the loss of her friends and boyfriend, she saw it! Should Alex be on this case? She may have a small window of legal technicality to be able to do it, but do you think it would be later great grounds for an appeal? And what about the kind of strain this is going to put on her already strained relationship with Josie? Why would she even consider it, or should she? When should a judge recuse them self from a case?

[kiakar]

Vivian, I think postively she should give up all rights to this case. There is no way a mother would not have feelings she couldn't control concerning the case. And I believe that if any judge has a relative on a case of course they should withdraw. You never know what unforseen truth will prevail.

[reddoglady]

I don't think Alex should be on the case -- I can't imagine how she can ever remove herself from the events even though she thinks that she can --

[vivico1]

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reddoglady wrote:

I don't think Alex should be on the case -- I can't imagine how she can ever remove herself from the events even though she thinks that she can --

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I agree, how can you in a case like this. I think when these kinds of horrible things happen, you need a judge from another town altogether. Probably the trial should be moved to another town actually, cause think of the jury too. If a judge living there can't handle it, how can the average citizen in the town.

[kiakar]

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vivico1 wrote:

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reddoglady wrote:

I don't think Alex should be on the case -- I can't imagine how she can ever remove herself from the events even though she thinks that she can --

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I agree, how can you in a case like this. I think when these kinds of horrible things happen, you need a judge from another town altogether. Probably the trial should be moved to another town actually, cause think of the jury too. If a judge living there can't handle it, how can the average citizen in the town.

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You are so right, Vivian. A judge should be appointed that is not in the same vincinity. So he or she can not be touched by knowing the victims or the accuser of the crime.

[vivico1]

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kiakar wrote:

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vivico1 wrote:

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reddoglady wrote:

I don't think Alex should be on the case -- I can't imagine how she can ever remove herself from the events even though she thinks that she can --

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I agree, how can you in a case like this. I think when these kinds of horrible things happen, you need a judge from another town altogether. Probably the trial should be moved to another town actually, cause think of the jury too. If a judge living there can't handle it, how can the average citizen in the town.

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You are so right, Vivian. A judge should be appointed that is not in the same vincinity. So he or she can not be touched by knowing the victims or the accuser of the crime.

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So why do you guys think, with Josie at home, and knowing what Josie went through, that Alex would even consider or want this case? Is it maybe lack of parenting skills on her part, or maybe something deeper in her, the desire for what this kind of case could mean for her without even thinking about the affects on her daughter? Why did she want it?

[Stephanie]

I think Alex's desire to preside over this case is all about control.  She had no control during the shooting which I believe terrified her, but afterwards, during the trial, she can be in charge.  Alex is a judge, after all, and control is a very big part of her life.  Separating Josie and Peter when they were young kids was a demonstration of her need to be in control of all aspects of hers and Josie's life. 

[KATER]

I completely agree.

[Wrighty]

I don't think she should be the judge in this case either. Technically she can because her daughter wasn't a victim of the actual shooting but she is still too close to all that has happened. In small towns, lawyers and judges often know people that come through the legal system. I think that is part of her thinking but she is being too technical about it. She's not thinking about all of the effects from this, only the specific people who were shot. She was a very good lawyer and now she is a very good judge. She is known for being fair. I get the impression that she thinks she can keep this professional and not let her emotions get involved. How is that possible? I also think that since her father was a judge before her she pushes herself to be better. The law was their only real connection and I think she works harder because she always wanted his approval. That was the best way to get it and that desire drives her. So does the need to show Logan Rourke (Josie's father from their affair) that she didn't need him. She has moved higher up the ladder and got the same job he was trying for. She works so hard at being a judge that she doesn't include the fact that she's a mother. She can't ignore that fact because that's also part of who she is. This case is too complicated and too close to home.

[vivico1]

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Wrighty wrote:

I don't think she should be the judge in this case either. Technically she can because her daughter wasn't a victim of the actual shooting but she is still too close to all that has happened. In small towns, lawyers and judges often know people that come through the legal system. I think that is part of her thinking but she is being too technical about it. She's not thinking about all of the effects from this, only the specific people who were shot. She was a very good lawyer and now she is a very good judge. She is known for being fair. I get the impression that she thinks she can keep this professional and not let her emotions get involved. How is that possible? I also think that since her father was a judge before her she pushes herself to be better. The law was their only real connection and I think she works harder because she always wanted his approval. That was the best way to get it and that desire drives her. So does the need to show Logan Rourke (Josie's father from their affair) that she didn't need him. She has moved higher up the ladder and got the same job he was trying for. She works so hard at being a judge that she doesn't include the fact that she's a mother. She can't ignore that fact because that's also part of who she is. This case is too complicated and too close to home.

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I think you are very right on all accounts. I forgot about the men in her life, father and lover. The judge didnt want to be judged by them too. I am wondering how both of those two relationships play into her relationship with Josie too.

[Wrighty]

vivico1 wrote:

I think you are very right on all accounts. I forgot about the men in her life, father and lover. The judge didnt want to be judged by them too. I am wondering how both of those two relationships play into her relationship with Josie too.

I wonder how deep it goes too. She wasn't expecting to get pregnant and then she wasn't going to keep the baby. I think it's impressive how much she has accomplished and how hard she works especially as a single parent. Her daughter has everything she needs financially but Alex doesn't seem as confident as a mother as she does in her career. She hasn't had good role models and the two most important men in her life pushed her away so she probably struggles with her own emotional issues. I don't think she's the type that wants to fail at anything but many people have failed her and that has to affect her as a mother.