I realize politics play a crucial role in the criminal justice system, including court decisions. In more conservative areas, many feel marriage is a bond which should only be between a man and woman. It has been an ongoing debate on whether children can be raised properly in a home with homosexual parents. I would predict the outcome of this case might differ for some individuals if they lived in a more metropolitan area because of the general acceptance of same sex couples by the population (who also happen to be the ones voting). For me, it would not affect my decision in the given case. As a judge, my duty is to administer justice. I cannot fail the children because of a majority's opinion regardless of the consequences I may face.
The penalties of a decision in favor of the mother could be very detrimental to my future as a judge in the state I live. The chance of my reelection may be forfeited causing me to relocate in the future. Fortunately for the children, I do not believe politics should be involved in court decisions. Although many judges may rule based upon their values or the values of the majority, I would feel compelled to base this case upon facts and follow through with procedural justice. My duty is to protect the children and - while it may go against the beliefs and values of the conservative community - I would order the children to be placed in the mother's custody. I would also order supervised visits with the father until he was able to successfully complete an anger management program, at which time custody arrangements could be reviewed and possibly modified. .
While there was not any physical evidence present, such as bruises or pictures, the mother's story was supported with sufficient evidence from the children's statements and a thorough report from a CPS worker. The father accused the mother of turning the kids against him, but the quantity of evidence supporting his argument seemed minimal.
