Speech by Judge Hale Stancil on Sept. 1, 2008

Yet, after the diploma is given, the recipient can't read, write, do simple math or communicate. With the deadly threat of AIDS or unwanted pregnancies, the answer given to us is education.

Why isn't the answer or solution, "Change your lifestyle and stop what you are doing?" Free needles, condoms, abortions, sex education and research, is not the answer. The answer is character and morality.

However, the answer given by many is, keep doing it, but take precautions, protect yourself. With drugs, again the answer is the same, education. But, isn't it amazing that whenever firearms are mentioned, the solution suddenly changes from education, to confiscation and the outlawing of firearms. Why not education?

I agree with what President Theodore Roosevelt said, "Education is important, but integrity far outranks education. True, a man who has never gone to school may steal from a freight car;" said Roosevelt, "but if he has a university education, he may steal the whole railroad."

Most of our major problems are due to a lack of morality, not a lack of education. "To educate a man in mind and not in morals," said President Roosevelt, "is to educate a menace to society."

Today's schools are much larger than the small neighborhood schools of the past. When schools were smaller, everyone generally knew everyone. Anyone who wanted to play a sport had the opportunity to do so.

Today, only the best athletes can make the team. Those that aren't exceptional, can't compete, can't participate and are left out. The parents at the smaller neighborhood schools were more involved with the teachers and school administration. Illegal drugs and alcohol abuse have created some of the most serious problems we have ever faced.

There are those in Congress and other high government offices whose family members and relatives have died because of drug abuse. Likewise, many actors and professional athletes have drug problems, and some have died from drug overdose. Are we to assume that these individuals did not know of the dangers of drugs?

It is difficult to solve morality problems when people are told, "You must decide for yourself what is right and wrong." Education alone will not solve problems associated with immorality.

HOW DO WE CHANGE PEOPLE?

It is very difficult to change people who do not wish to change. The key to changing people is making people want to change.

For the most part, the people we are trying to change are not normal in the sense that you and I are normal and don't want to change. Most of the theories we have would probably work on normal people, but normal people generally don't need counseling.

So how do we change those among us who are not normal? We cannot ignore those in our society who are a danger to themselves and others. Hopefully, the decisions we make have a positive impact, on not only the lives of the client, but also the lives of many others.

Hopefully our influence will always be positive, and never negative. It is not just your client and/or his family that is affected. We never know where our influence stops.

The number of lives affected by our decisions will never be known. Our decisions will affect lives long after we are gone. From time to time, I'll be in a store or at some public forum when some one will approach me and say, "You remember me?" "Are you Judge Stancil?"

I usually don't remember them, but occasionally I do. On more than one occasion, I've actually had people thank me for sending them to prison. They usually relate how it changed their life.

That they have gotten their life straightened out, turned over a new leaf, and now have a family, children and a good job. They've changed their friends and no longer depend on drugs or alcohol. I'm sure that many of you have had the same experience.

No two individuals are alike. An enriched environment for one is not necessarily enriched for another. It is not uncommon for children from the same family to have differing lives.

One child may become a drug dealer, burglar, robber or rapist, while the other becomes a doctor, lawyer or respected public official. No two people learn in an identical way.

Our goal is to teach people to think correctly and make good decisions. I expect those I put on probation to comply with each and every condition imposed.

When judges reinstate probation violators 4 and 5 times, the word gets out and the probation officer's job is made more difficult. The docket I inherited contained numerous probationers who had been reinstated four and five times. I put a stop to that. If I'm going to enter an order; I'm going to enforce it. If I'm not going to enforce it, then I will not enter it. When judges are tough and back up probation officers and counselors, it makes everyone's jobs easier.

Some tell us: "Don't tell people they're wrong. It hurts their self esteem". I don't know about you, but I'm always telling people they are wrong, they violated the law. I tell those I put on probation or community control, they are going to do it my way. I tell them this Court ain't Burger King. You do it my way, or you will probably go to prison.

The beginning of wisdom is calling things by their right names. I'm reminded of Abe Lincoln, who asked a man the following question. "If you call a dog's tail a leg, how many legs does a dog have?" The man responded, "Five." "Wrong," said Lincoln, "calling a dog's tail a leg doesn't make it so."

There can be no change in conduct without a positive change in attitude. Regarding Attitude: Charles Swindoll said this: "The longer I live, the more I realize the impact of attitude on life. Attitude, to me, is more important than facts. It is more important than the past, than education, than money, than circumstances, than failures, than successes, than what other people think or say or do.

It is more important than appearance, giftedness or skill. It will make or break a company... a church... a home."

He went on to say: "The remarkable thing is we have a choice every day regarding the attitude we will embrace for that day. We cannot change our past... we cannot change the fact that people will act in a certain way.

We cannot change the inevitable. The only thing we can do is play on the one string we have, and that is our attitude... I am convinced that life is 10% what happens to me and 90% how I react to it." "We are in charge of our attitudes."

A Stanford study determining percentage of importance of attitude in success as compared to innate ability, reported the following: 92% is determined by your attitude; and 8% by your innate ability. In comparing attitude and IQ in the ability to learn: 75% is attitude, and 25% IQ.

A Harvard study comparing attitude and skills/knowledge in why a person gets a job, keeps a job or moves up in a job: 85% is attitude; and 15% technical skills/knowledge. Max Thomsen Stanford Study of the influencing of a person's self image on his/her ability to learn: 50% is based on own self image, 25% IQ, and 24% the organization. A year after I was elected Judge, I was assigned to the child support docket.

During child support hearings I was constantly confronted by non-paying parents who said they could not find a job. After hearing this excuse for a few months, I decided something had to be done. At first, I started bringing in newspapers and reading the want ads to those who said they couldn't find a job.  

Here is an example I often used: "Wanted, executive, age 22-80. Job entails sitting with feet on desk from 10 a.m. to 4:30 p.m., watching others work. Must be willing to play golf every other afternoon, and party every Thursday evening. Salary starts at $1,000 a week."

This always got their attention. I would then say: "No, there is no such job. Just thought you'd like to hear the kind of job everyone wants."

After a month or two of this, I decided further steps needed to be taken. One day, when confronted by a man who claimed he couldn't find a job, I asked him if he would like me to help him find one. Joyfully the man said, "Yes." I said, "Well this is how it's going to work. I'm going to sign an order, ordering you to go to ten places a day seeking employment.

You will maintain a log of the places you go and apply for employment. You will indicate the date and time you were there, the address, the telephone number and have some responsible person sign that you were in fact there. You will bring this form back in two weeks and we'll see whether or not you were successful." Well, guess what?

Child support collections doubled. Of course the rest of the story is many of those who obtained new jobs would quit unless they were monitored. So I required them to come back to court every two or three months to monitor their payments. Job searches work.

I was invited to speak at a convention of child support enforcement officers near Miami and explain my approach to child support. Soon my job search program was being used in all parts of the state. I am convinced that almost anyone who wants a job can find one.

But you must be dependable and respectful. You must be willing to work. The problem is many who claim they want a job are disrespectful, unreliable, and unwilling to work or learn.

Their vocabulary is made up mostly of profane and inappropriate words, and they either don't want to work or even know how to work. They are incapable of putting in a day's work for a day's pay.

Which reminds me of the man seeking a job, and when asking what he would be paid, the potential employer responded, "I'll pay you what you're worth." Upon hearing this, the man responded, "I won't work for what I'm worth." Many problems are made worse by people who refuse to acknowledge they have a problem.

I once had a lady in her middle 30's who appeared for violation of probation. Her attorney presented me with some medical records indicating her client had breast cancer. I'm sure they thought that if I knew she had cancer, I would let her off probation. Well, guess what? I asked her how long she had been diagnosed with cancer, and she said something like nine months. I asked her what treatment she was undergoing and she said, "None, I haven't started it yet."

So, I asked who her doctor was and she replied, "I don't have one."

Upon hearing this, I revoked her probation and sentenced her to 24 months in prison. I just may have saved her life by sending her to prison, because now she will get the medical care she needs. It is almost impossible to help people who refuse to help themselves.

I try to treat all people with respect, and I demand respect in return. I have always tried to make the best decision I can, based on two things: the law and the evidence. I make a lot of decisions I don't like, but I will never make one I think is contrary to the law or the evidence. Sometimes it is necessary to think outside the box.

During law school, one of my professors was a retired FBI agent. He related that during his duty assignment in California, they had to deal with a persistent individual who came into their office every few days saying the Russians were sending him radio messages through the fillings in his teeth.

This went on for some time, until one of the agents told the man the reason he was hearing the radio messages was because he wasn't grounded. He calmly opened his desk drawer, took out a paper clip and placed it in the cuff of the man's pants.

He told the gentleman to always keep the paper clip in the cuff of his pants and he would no longer be bothered with the signals. Apparently, it worked, as the gentleman left and never came back.

And then there was Bubba and the Shrink. Bubba sheepishly consulted a psychiatrist. "I've got this problem," he said. "Every time I go to bed, I think there's somebody under it. I can't sleep. I think I'm going crazy." "Just put yourself in my hands for one year," said the psychiatrist. "Come talk to me three times a week, and we should be able to get rid of those fears." "How much that gonna cost?" asked Bubba. "Eighty dollars per visit." "I'll let you know," said Bubba.

Six months later the two happened to meet on the street and the psychiatrist said, "Bubba, why didn't you ever come see me about those fears?"

"Well," said, Bubba, "80 bucks a visit, three times a week, for a year, is an awful lot of money! My bartender said he could cure me for $10, and he did! Boy was I happy! I went and bought me a new pickup with the dough I saved!" "Is that so?" asked the psychiatrist? "And just how, pray tell, was a bartender able to cure your phobia. Alcohol would only make it worse." "He told me to cut the legs off the bed!

Damn sure ain't nobody under there now!"

Then there is the Bathtub Test: During a visit to the mental asylum, a visitor asked the Director what the criteria was that defines a patient's need to be institutionalized. "Well," said the Director, "we fill up a bathtub. We offer a teaspoon, a teacup and a bucket to the patient, and ask the patient to empty the bathtub."

OK, here's your test: Would you use the spoon, the teacup or the bucket? "Oh, I understand," said the visitor. "A normal person would choose the bucket as it is the largest." "No," answered the Director. "A normal person would pull the plug." In talking about education, Dr. Martin Luther King Jr., said, "Intelligence plus character, the true goal of education is to develop safe schools and strong character."

Many of our problems will not be solved without a positive change in character. A principle that needs to be instilled in every person, from the "cradle to the grave," is that of individual responsibility. People need to understand they are accountable for their conduct. There is little fear of being punished anymore.

The concept of personal responsibility for your conduct, your actions and your future, is fading. For punishment to be effective, the individual being punished must suffer what they themselves consider to be a penalty and punishment. The truth is, the majority of people who violate the law do not consider fines, probation or community control punishment.

To the vast majority, the only thing they consider punishment is going to jail or prison. To most, probation, fines and community control are nothing more than an inconvenience for a short time. Fines permitted to be paid in monthly installments are nothing different than a "revolving charge account."

A monthly visit with your probation officer is like a visit with your employer. When judges put people on probation or impose fines for breaking into your home, your business or car, rather than send them to prison, the message conveyed to the criminal, the victim and the public is that the offense committed is not serious enough to warrant prison.

The attitude and philosophy of the judge is reflected in the sentences imposed on those who appear before him, and the public's awareness of those sentences.

Judges who do not hold people accountable for their actions contribute to the problem. I do not mean to imply that the maximum sentence should automatically be imposed. There are mitigating factors, but we should not forget that there are aggravating factors as well. I am truly amazed at the sentences some judges hand out. I've seen people with over thirty prior convictions offered probation.

Of course, many people fail to realize that the Prosecutor has more power than any other person in the administration of criminal law. It is their decision, and theirs alone, as to whether charges are filed, reduced or dismissed.

One hundred years ago, then President Taft, said, "The administration of criminal law in this country is a disgrace." In spite of the criticism and contempt we may have for our criminal justice system, I don't know anyone who would trade our system for any other system in the world. I, like many of you, often voice criticism for the way it is.

Mark Twain said this about our jury system, "We have a criminal jury system which is superior to any in the world; and its efficiency is only marred by the difficulty of finding twelve men, every day who don't know anything and can't read."

"I REMEMBER one of those sorrowful farces, in Virginia, which we call a jury trial," wrote Mark Twain in his 1871 travelogue ''Roughing It." A ''noted desperado" had brutally killed a man, and the local papers were full of the news. But everyone who had heard of the killing, much less discussed it, was kept off the jury for fear he might be biased.

As a result, the jury was comprised of ''two desperadoes, two low beerhouse politicians, three barkeepers, two ranchmen who could not read, and three dull, stupid, human donkeys. It actually came out afterward, that one of these three thought that incest and arson were the same thing."

The verdict was not guilty. He went on to say, "The jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity and perjury.

It is a shame that we must continue to use a worthless system because it was good a thousand years ago...I desire to tamper with the jury law. I wish to so alter it as to put a premium on intelligence and character, and close the jury box against idiots, and people who do not read newspapers. But no doubt I shall be defeated--every effort I make to save the country "mis fires."

It is sad to say that over 145 years after Twain's comments, lawyers and judges and others still confuse an ignorant jury with an impartial one. One of the most important things that each of us can do to improve justice is to be willing to serve as jurors.

Ignoring jury duty is not going to improve our system of justice. Serve when you get the opportunity. After serving, you might have some meaningful suggestions on how to improve the system.

If I were to ask you to name the one person who you thought best exemplified the qualities of honesty, morality, ethics, and trust, that you thought most important, who would you pick? Would you pick your spouse, your parents, your minister, a teacher? Would you pick a local, state or national elected official? Do you consider yourself to be a good representative of these qualities? Who has your greatest respect?

Many people, especially the young, would most likely look to the popular and famous. High on the list would most likely be professional sport figures, actors and actresses or professional entertainers. Would any politician be selected? I would not be surprised if many votes went to someone who has had drug problems and/or a criminal conviction.

Let's look at a few public officials.

President Nixon was forced to resign over Watergate. Vice President Agnew was convicted of tax evasion and money laundering, in taking bribes during his tenure as Governor of Maryland. President Bill Clinton was held in contempt of court for perjury and disbarred from the practice of law.

Chuck Colson in his commencement address at Geneva College reported, "Two thirds of the American people say that, if indeed the President of the United States committed perjury, subornation of perjury, tampering with witnesses, and committed a series of sexual indiscretions, it should make no difference, because the country is doing so well." Raleigh, NC, DA Mike Nifong, disbarred for prosecuting members of the Duke University Lacrosse team when there was no evidence.

Whatever happened to character and virtue? If these individuals are our reflection, how can we survive as a nation? Corruption does not lead to better societies. Corruption can only lead to destruction. The irony is, we seem to continue to elect people with character flaws over and over again, and then complain when they show their true character.

Why do we expect those elected, and in positions of trust, to have a higher standard than they themselves express by their examples?

Our founding fathers established the foundations upon which this country grew to be the leader of the entire world. We are rapidly falling from that high position of world leadership and respect because we have given each person the right to determine his own code of ethics and morality, and determine for himself what is right or wrong.

When ethical and moral standards that have stood the "tests of time" for centuries begin to fall, the results are catastrophic. It is up to us to establish the ethical and moral standards we want for ourselves, our children, and our community and country.

The seeds of character, morality, and ethics we plant and cultivate today will determine our future. We will reap what we sow. "The ultimate measure of a man," said Dr. King "is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy." When in combat the question is: Can you depend on the guy in the next foxhole? His character is a whole lot more important than his IQ. And, so it is with each of us.

In closing I ask you this one question: Can you carry "A Message To Garcia"?