Do character references serve any good in a court system bound by rules of evidence?
Years before his public outrage about a TD’s glowing character reference for a criminal, Judge John Edwards’ tolerance of unverified mitigation pleas on behalf of convicted parties had worn thin. Back in 2021, he put down a red marker: be prepared to back up any such plea at sentencing hearings.
He had sent up warning flares, raising questions about claims that guilty parties were suffering from depression or drug or alcohol problems – but with zero supportive evidence. This extended into unsubstantiated claims they had attempted suicide or had tragic family backgrounds, or had a sibling who suffered paralysis following an accident.
Whether Edwards suspected these were being entirely fabricated or merely embellished is not clear, but it was “happening all the time… and had to stop”, he said.
It was inevitable that one day he would swoop on some aspect of the crazy business of character references; ie, testimonials fashioned for a similar purpose to the mitigation pleas. They were highly subjective, inherently biased, possibly coached and heavily skewed in favour of perpetrators with well-connected referees.
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The object of the........
