“The ultimate result of shielding men from the effects of folly is to fill the world with fools,” warned 19th-century English philosopher Herbert Spencer. Would he say today that this principle has led to a criminal-justice system in the United States?
In January 2025, North Carolina Judge Teresa Stokes released Decarlos Brown Jr., a deranged 34-year-old man with 14 prior arrests. His rap sheet included violent and unstable behavior; robbery with a dangerous weapon was among his offenses. Stokes required only a written promise to appear for his next court date—no cash bail or additional conditions.
Seven months later, Brown murdered Ukrainian refugee Iryna Zarutska on a Charlotte train.
Similarly, in June 2025, Judge Anna Mikhaleva released Tony Harris, a 62-year-old career criminal with over two dozen prior arrests and felony convictions. Harris was freed without bail in a gun case but required to wear an ankle monitor. He later allegedly shot and killed Emilio Rosas, a 56-year-old man, outside a Bronx deli.
While Brown and Harris will eventually face justice, judges Stokes and Mikhaleva are protected by judicial immunity from civil lawsuits. This system shields them from accountability for the consequences of their decisions.
Commentator Kevin Finn argues that those who wield power over life and liberty should share the costs when they err. He cites economist Thomas Sowell, noting that immunity from consequences eliminates feedback loops, preventing learning and perpetuating flawed approaches.
Finn proposes holding judges accountable for recidivism resulting from their releases. Florida Chief Financial Officer Blaise Ingoglia has suggested charging politicians who support sanctuary policies as accessories to crimes committed by those shielded under them—including murder, rape, and other offenses.
The article also explores alternatives, such as implementing a “three-strike” law for criminals with multiple prior offenses or applying similar standards to judges themselves. Thomas Jefferson once claimed that judges are as honest as other men, but he was wrong.
As the late Tennessee judge Lee Dryer warned: “Most judges are sociopaths.” Regardless of their character, removing accountability from the judicial system creates a dangerous environment where foolishness becomes deadly for society.
