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खुला एक्सेस

अमूर्त

The Sins of the Fathers: "Kids for Cash," Absolute Judicial Immunity, and Administrative Acts

Giannatasio NA* and Pennington MS

The phrase the “sins of the fathers” (Exodus 20:5) is an Old Testament warning that the wrath of God will be felt to the generations after those who initially violated His commandments. Today this expression still carries the impact of inequity to subsequent generations. We will discuss a modern day application of this phrase and apply it to the case of the Judges of Lucerne County Pennsylvania, i.e. the “Kids for Cash” case, who abused their power and sentenced children to inordinate punishment for petty misdemeanors in order to accommodate their investment and future rewards from a contractor who built a new juvenile detention facility in Lucerne County. When this judicial abuse was made public and families of the children sought civil recourse, and the federal government pursued federal crimes, the judges involved claimed their right to Absolute Judicial Immunity. Here we will question if judicial immunity should be absolute. Do administrative acts abridge immunity? The effect of the “sins” of the judges may take years to develop, and at this point, for most of the child defendants, their claim may lack “ripeness.”