Judge Katherine Mader (Ret.)

In Part 53 of Inside the Robe, Judge Mader expresses concern about the influence of the so-called "CSI" effect and the demand for DNA evidence by jurors. She reflects on the intent behind three strikes sentencing, and she answers the classic question, "What do judges wear under their robes?" May 11 Jurors watch too much CSI, a dramatic television series highlighting forensics. Even in simple jury trials, they want unnecessary and exotic hair and fiber tests, DNA, and fingerprint evidence. In the trial just concluded, two police officers testified they saw a gun butt sticking out of the defendant’s pants. The...

In Part 52 of Inside the Robe, Judge Mader offers insight into challenges that sentencing reform efforts face and explains how attorney behavior can work both for and against efforts to 'win' in the courtroom. May 9 The news is full of stories of sentencing reform, even about collaboration between Republicans and Democrats in Congress to get it done. When I began practicing criminal law in the early 1970s, every agency, from the prisons to local prosecutors and jails, was promoting rehabilitation as well as punishment. In the 1990s, the tough-on-crime movement ostracized anyone who was not on board by labeling...

In Part 51 of Inside the Robe, Judge Mader describes the complexities of ICE deportation proceedings after a felony conviction and how the jury selection process can sometimes tell the court as much about its officers as it does prospective jurors. May 4 After three hours of deliberation, the jury convicted the “sleepdriver” of evading the police as well as hit-and-run with property damage. Should I put him in custody until the date for sentencing? Prosecutors usually ask that defendants be remanded into custody after they are convicted. A defendant may be more likely to flee after a conviction,...

In Part 50 of Inside the Robe, Judge Mader weighs the role and meaning of probation in the criminal legal process and details a case that hinges on a defendant's broken stereo. May 2 Every felony case file in my court contains a report from the probation office. Their summary of the facts of the crime is usually lifted from the arrest reports. A defendant’s criminal history is attached to the report. With the information captured on the report, I try to figure out the appropriate sentence. Cuts to Probation Department staffing have gutted the department. It must be troubling for...

In Part 49 of Inside the Robe, Judge Mader reflects on the influence of supervisors within the District Attorney's office and discusses the seemingly arbitrary nature of sentencing policies. April 28 As my day began, Cora said, “You know, if you keep complaining about inconsistencies in sentencing offers between different supervisors on different floors, they get together and talk. Then I get in trouble for offering dispositions that are regarded as too light. And I am going to be forced to get tougher.” I looked at her in amazement. “Are you kidding me? Your supervisors think it’s okay to have the same...

In Part 48 of Inside the Robe, Judge Mader offers anecdotes demonstrating how inconsistent sentencing policies within a prosecutor's office can lead to unfair disparities in plea bargain offers, and she offers self-criticism of when she does not control her instincts to argue with disrespectful attorneys. April 25 Just as teachers live for the day a successful former student comes back to visit, success stories can highlight my day. A letter arrived this morning from a man I sentenced to state prison about ten years ago for killing his mother. The defendant was an accountant, whom all witnesses attested loved his...