Another hidden cost of the sacrifice of principle, is for a conscientious judge who is called upon to constantly convict and sentence defendants ... Since he cannot tell such a defendant that his conduct is morally blameworthy, he is forced to draw a line among criminal defendants. This is not like drawing a line between genuinely criminal offenses of varying degrees of gravity, for this case puts in question the very integrity and meaning of the concept of crime. The result may be that the judge himself stops believing in the equation between criminality and blameworthiness. - H.M. Hart "The Aims of the Criminal Law"

A distinguished judge ... said privately ... that in entering judgements of conviction and passing sentence, he was careful always to refrain from expressing any view about the defendant's character or the morality of his conduct. ... epitomizes the moral and intellectual debility of American criminal law. ... What the judge finds worthwhile to communicate to the defendant ... a judgement of community condemnation ... can be a shaking and unforgettable experience. If legislatures had kept clean ... the very pronouncement of such a judgement would go far to serve the purposes of the criminal law by vindicating its threats and so to lessen the need for resort to other commonly less effective and more expensive and oppressive forms. #Sentencing 



(Did legislatures/judges weigh this question of the loss of 'community condemnation' and find it was less important than something else?)

(Does this cause a society to have less/no really moral judges? as it's necessary to dissociate judges and just people? and also is a contraeducation against justice, particularly among those in the practice of law?)

Should a judge, having made his appraisal, be empowered to fix a min prison term in such a way as to deprive the parole authorities to discretion to order an earlier release? Obviously, the judge is better qualified to interpret the community's views of the blameworthiness... the judge, as the community's representative, should have the power to recognize special circumstances in some fashion, either in judgement or sentence. ... Judicial power to lower the maximum may be less essential than judicial power to see to the adequate expression of community disapproval. ... large numbers of judges with these powers will produce indefensible heterogeneity of result.