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The judiciary is influenced by politics. Since politics has interfered in the administration of justice, the workload of a judge has only increased. The global government sees the judiciary as a company with a profit and loss account. Now, after years of cutbacks, the need is there. Unfortunately, they do not act fast enough and the judiciary gets bogged down.
In the meantime, the workload of the judges is constantly increasing; 20 hours of overtime in a 40-hour work week is quite normal. But at the same time the judges are handling fewer and fewer cases because they are becoming more and more complicated. As a result, turnover is decreasing and fewer and fewer judges can be hired. It would be correct to give the judiciary a large financial injection, so that 200 judges could be hired. However, this is not happening. In any case, vacancies for new judges are constantly open, because it is increasingly a very difficult and time-consuming job, often with a lot of frustrations as a result of the administration of justice.
Cases are studied less well under this pressure of workloads, and more and more people feel short-changed in court.
The judiciary is one of the pillars of a democracy and in my research what is left of this democracy, for this article we read a very interesting article from the Dutch national government (source: https://www.rijksoverheid.nl/ministeries/ministerie-van-justitie-en-veiligheid/strategische-documenten/centrale-eenheid-strategie/rechtsstaat-en-opsporing/democratische-rechtsstaat-mogelijk-onder-druk-door-microtargeting-en-overbelasting-rechtspraak), with the following title: “Democratic rule of law (possibly) under pressure due to microtargeting and overloading of judiciary“.
But what really surprised us in this article is the following:
“Conscious and unconscious influencing of people is of all times. However, political parties are increasingly trying to influence groups of voters in the online world with microtargeting, often through third-party services. The question is whether this kind of influence influences the democratic freedom of choice of citizens, and to what extent they still have a free choice when they are continuously influenced by or via large and powerful market parties”.
In our articles, we constantly talk about this, how people globally are totally influenced by large and powerful industries and politics. The fact that the government of the Netherlands now simply acknowledges this is happening is quite impressive.
The article continues, and we quote:
“There is also a lot to do in the area of justice. The judiciary is overloaded, also as a result of a strong orientation towards effectiveness and efficiency within government policies. Less litigation is taking place in court, but cases are generally becoming more complex. There is also an increasing amount of legislation using open standards and framework rules, which leaves more room for interpretation. In addition, there is discussion about the influence of judges on policy and legislation”.
The fact that judges are also human, makes it absolutely certain that they are subject to conscious and unconscious influence on a daily basis. To what extent this has an effect on the proper administration of justice, we really wonder. According to the Dutch criminal judge Gerlof Meijer, the administration of justice is also influenced by the pressure of society. In an interview he says that the conviction rate in cases of violence and vice is increasing. This is because there is more and more talk about it in the media since the “Me Too” movement. A judge is not insensitive to this, he also reads and watches the news. Therefore, he is inclined to punish more in a particular case than before this movement started.
According to Gerlof Meijer, this happens unconsciously and because of a gut feeling, and judges are certainly influenced by social views. According to Meijer, you cannot escape the fact that your intellect is influenced by your emotions. If society wants harsher punishment, judges will subconsciously go along with that, see https://www.rtvoost.nl/nieuws/323783/Strafrechter-Gerlof-Meijer-maatschappelijke-druk-beinvloedt-rechtspraak.
Even though judges are bound by the law in their verdict, they will still look for loopholes in their verdict. This is due to their gut feeling, social influence and even the influence of a clever, persuasive lawyer. Also, the judge will often feel sympathy for an offender because he feels that because of his upbringing and/or place in society, he did not get a fair chance as a human being. Nevertheless, a judge will have to punish according to the law. However, as a judge is a human being, he will be inclined to impose a lighter sentence in such cases.
Let alone what impact the workload can have on a judge’s decision. We all assume that a judge knows a case from A to Z, but is this not Utopia? If a judge works an average of 20 hours overtime per week, this means working three hours more every day! Three much-needed hours that he could otherwise have spent relaxing or on his family.
If a judge has to work so much overtime year in, year out, is it so unbelievable that a judge will only half-heartedly consider a case? Or even puts it aside and just goes by his experience? Here, too, judges are people, not computers! Who can work 20 hours a week over their entire career and constantly absorb such difficult cases written in very cumbersome language?
Our editors received a tip about an eviction of a disabled person, who paid the rent and was not a nuisance. The person in this story also took perfect care of his home, was a friendly and very nice person. Had a legal rental contract from the owner of the property, but the property turned out to have two owners. The owner of the property had not told him this and had not allowed him to sign as a joint landlord. The tenant had been living in the house for three years when the other owner insisted on selling the property and asked him to leave. The tenant did not want this because he lived there well, for little money and even received a rent subsidy. The house was also adapted to his various handicaps. The assigned lawyer of the tenant was very positive, the tenant had already accumulated rights and according to the law could not be evicted for a sale.
The other owner then made this disabled person’s life difficult. This was to play constant loud music in the other part of the house (the house was divided into two independent houses). When this was not enough, a woman was placed in that other house with seven dogs. These dogs were barking day and night and the owner was shouting fire and brimstone at these dogs. Parcels that were delivered were caught and held back. Large building lamps were placed and shone continuously in the tenant’s house. Mail was stolen, access to the barn and the garden was denied and blocked. They even went so far as to stop paying the gas, water and electricity bills, informing the municipality that the person no longer needed care. There were video cameras 24 hours a day filming the tenant’s movements, tax authorities were tipped off, etc.
The man, who had social security benefits, lost them because, according to the landlord, the man was secretly working without paying taxes, he therefore ended up in the frauds tax system unjustly. The municipality withdrew the care and all this because the other owner wanted to sell the premises.
However, the tenant’s lawyer kept telling the tenant, no action back, keep collecting all their actions and put them on an agenda. Pay your rent neatly, believe me, you will never be evicted. And indeed the first two hearings were won, only to lose on appeal. There was so much going on with the tenant in the meantime, according to the judge, that the municipality would never just withdraw social security benefits and stop the care. The tenant was also already in the fraud system according to taxes, and the landlord kept saying that there were two months arrears in rent. Even though they could prove through bank statements that this was not the case, the stain was on the tenant.
The judge was very clever and neatly influenced by a shrewd lawyer who was prepared to walk over dead bodies and evict the tenant on Christmas Eve. The tenant had two weeks to find a new house, pack everything and leave, and just remember he was an invalid….
According to the law, this is not possible, a person with a legal rental contract, who knows nothing about two owners and has been paying his rent for three years. Who did not cause any nuisance and maintained his house properly, there is no right to evict this tenant? Yet this is what happened. The tenant left, however, he immediately lodged an appeal, the case is still pending, and the house still cannot be sold. But this is, in our view, a very unjust jurisprudence.
We have also spoken to many fathers for another article of ours, where justice is also very much lacking. Read this article via this link: https://xcodexfoundation.com/articles/as-a-father-i-dont-see-my-child-without-any-justifiable-reason/.
In this article, it is clear that clever lawyers for the mothers have managed to set a precedent, making it impossible for many fathers to see their child. Child and father are therefore victims of the manipulative power of the lawyers and the influence of a judge. In addition, we also hear of many abuses in the administration of justice concerning traffic victims. Things also happen in criminal law that cannot bear the light of day.
We know only too well that these examples are the smallest part of all justice, in which a party feels completely unfairly judged. We do not want to point the finger at the courts in this respect; we respect hard-working judges who, in our experience, really do try. In our research, we did not get the impression that there are judges who just don’t give a damn. But judges are also simply human beings. Anyone would fail many times under such a workload.
Politicians must stop viewing the judiciary as a profit-making enterprise; it is nothing more than a service that must be maintained in the service of the security of the people. Such a service, which is a pillar of our democracy, may, nay must, even cost money, because it is a prerequisite for a just and secure existence. Take on those 200 judges, reduce the workload, inject large sums of money into the administration of justice! Provide better conditions so that people like to become judges again, investigate where it all goes wrong and correct it. So that a judge can spend the right amount of time on each case, can really immerse himself in his work, and can therefore give the right verdict or sentence. But he is also allowed to just be human, to relax and, where necessary, to allow himself to be influenced.
We believe that when a brain has room for insight and focus, and is allowed and able to relax at the right moments, this influence will always have the right outcome. A judge will always return to the letter of the law because of this space, insight and focus and make the right judgements. This is achieved by using his gut feeling, experience and wisdom in his profession.
Just think!
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