Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Judicial decision making
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Judicial decision making
An impartial Judicial System is a legal platform where citizens are judged based on the facts and the law. Thomas Jefferson wrote, “the most sacred of the duties of a government is to do equal and impartial justice to all its citizens.” Judges who preside over cases must have full authority and freedom to make impartial verdicts. The decision of the court can not be skewed by public opinion. A judge must segregate himself from the public so that he is not influenced by the views of special interest groups. The most difficult bias a judge must stand clear of is his own personal beliefs. Each of these three areas open opportunities were a judge’s impartiality could be compromised and thus not allowing a citizen the right to a fair trial.
A judge is a very powerful figure whether it is at the city, county, state or federal level of government. No matter their jurisdiction, a judge must not allow himself to be influenced by public opinion. The effect of public opinion can cause the judge to be biased and have their mind made up before they even step into the court room. In a high profile case, protestors may rally and picket outside the courthouse, tension can be great and judges must not let the stress weigh on their final decision. Judges must maintain their focus on facts of the case and the law and not let
…show more content…
Special interest groups are organizations that act solely on the behalf of just their own constituents. Their opinion is very slanted and narrow. Members of these organizations pretty much have their mind made up on a subject and are reluctant to hearing the opinion of others. Their anger and rage often manifest into threats and can be extremely intimidating. Judges and their families must be sheltered, protected, and kept at arms length from potential altercations by groups with malice intent. Judges must not let special interest groups affect their ability to be
In The Federalist No. 78, the conception of judiciary is introduced as a system of checks and balances to protect the civil liberties of the citizens from the other branches of government. At the same time, the judiciary concept is considered to have the least amount of power of the three branches. It is stated by Hamilton in this section of the Federalist Papers, “The Judiciary has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will” (The Federalist No. 78). The judicial system serves as a barrier in preventing the other branches of power from making decisions that infringe upon their
First of all, judges play an essential role in our democracy, by interpreting the law and being impartial, they make decisions which keeps our country in a democratic state. Judges promote and support charter rights, including freedom and equality. A strong case that proves that judges are an essential part in a democracy is shown in the case of Obergefell v. Hodges, John Obergefell was fighting for the legalization of same - sex marriage in The United States. On November 2014, the case went to the supreme court where it caught the attention of the nation. Obergefell was not only fighting for his own rights
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
The media plays a big role in shaping the people’s perceptions about the court system. Without media we would remain uneducated to the occurrences outside our social groups. Media and especially news coverage provide us with important point of contact with the rest of society. In debunking popular myths about our court system we will look at the “facts” (the truth, the actual event, a real thing). With a myth being based upon “exaggeration” or heightening of “ordinary” event in life. Myths become a convenient mortar to fill gaps in knowledge and to provide answers to questions social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction
In today’s politics, interest groups play a large role in the government system. An interest Group is defined as 'an organized body of individuals who try to influence public policy.' This system is designed so that interest groups would be an instrument of public influence on politics to create changes, but would not threaten the government much. These organizations are either made up of people who represent a different organization or people who represent themselves. Interest groups represent the citizens’ interests and views, while expressing their own needs as well. They are the link between people and politics, giving a way for the public to voice their opinions. Members of interest groups use different tactics to basically impose their wants or needs onto the government by lobbying, educating, and campaigning.
The book Acquittal by Richard Gabriel states, “juries are the best judges in the system. They are not elected, they don't have the high-powered microscope of appellate review or the stern, disapproving-schoolmarm precedent looking over their shoulder, and they have no interest in the outcome of the case.” For this reason, we can come to the conclusion that the use of juries in a trial is the best for all involved in the legal system. While juries, “are the best judges in the system”, lawyers, jury consultants, and jury scientists are the reasons they are viewed this way. It is their job to make sure that not only their client, but everyone has a fair and unbiased trial.Making sure that “the best judges in the system” are fair and unbiased takes a lot of planning, research, and effort. You must research the jurors, understand how they think, what their morals are, and how they would view this case. “It is a constructed reality, cobbled together by shifting memories of witnesses, attorney arguments, legal instructions, personal experiences, and beliefs of jurors.”(Gabriel
Their long term in office liberates judges from partisan burdens and inhibits attacks on judicial power by the executive and legislative branch. Independence gives the judicial branch the ability to guard the Constitution and the rights of the people against the legislature. That means that he believes that the judicial branch is less likely to abuse a person's as compared to the executive or legislative. He felt that judges should have independence from the sanction of the executive, legislature, and the individuals so they can satisfy the judicial qualities defined in the Constitution. The U.S. Constitution offers that federal judges are selected to life term thru good behavior, so the courts can remain independent from the other two
These pluralistic interest groups are free to operate and lobby in the political arena, fighting against the majority and other competing factions for voice in Congress. With the influence of multiple factions operating throughout the political system, a balance of power is created (Kernell 2000, 429). This is much like the international theory of sovereign states balancing each other’s power to create a political system that focuses on stability, yet is always in a constant flux of power. With this in mind, special interest groups are constantly contending for power by raising money, campaigning, and lobbying in Congress. When a special interest group is threatened by a competing policy, the group will organize efforts to balance, or transcend the power of the competing group.
but when the court comes into action the community are also afraid of the court. All the fears and suspicion mounts up and the community is thrown into turmoil.
In more familiar terms, bias is linked to being subjective rather than objectivity, having a closed mind rather than open mind, and relying on opinions rather than facts. Bias is something that happens in everyday life often; have you ever made a snap judgement of someone without knowing all the facts? If so you are guilt of being biased. Unlike these small day to day biases that occur, bias in court something that can destroy the credibility of our legal system.
A judge loses this power consider motive because all criminals of the same crime are viewed as equal. By restricting a judge’s discretion, it creates injustice within the courts. Actions are based on their motives and a judge should have the ability to consider it when making a decision that can greatly impact another individual’s life. Therefore, truth in sentencing and the equal justice perspective need the discretion of a judge to justly establish a fair sentence that accounts for all aspects of the individual and their
It is important to understand the classic debate of Yates v. Hamilton in order to comprehend the context of judicial review in American democracy. Robert Yates was an anti-federalist and judge of the New York Supreme Court who advocated that judicial review was not consistent with the spirit of democratic government. He refused to allow the judicial branch the last word over constitutional interpretation. In his paper, Brutus #11, he contended that the power of the judicial branch would be superior to that of the legislature is the Supreme Court acted as final arbiter of the constitution’s meaning, thus “this power in the judicial, will enable them to mould the government, into almost any shape they please. — The manner in which this may be effected we will hereafter examine” (Yates). Yates, above all, believed that the constitution is the mediator between the public and their elected officials. On the other hand, federalist Alexander Hamilton defended the legitimacy of judicial review as the “least dangerous branch” of government. He explained the legitimate status of the courts through the system of checks and balances. Ham...
Groups however, do not always make good decisions. Juries sometimes render verdicts that run against the evidence presented. Groups tend to: fail to adequately determine their objectives and alternatives, fail to assess the risks associated with the group’s decision, fail to cycle through discarded alternatives and to reexamine their worth after a majority of the group discards the alternative, fail to seek expert advice, select and use only information that supports their position and conclusions, and does not make contingency plans in case their decision and resulting actions fail. Many times people’s lives are affected and little thought or care is put into it.
" Justices have been voted off the bench because of the way their opinions about crime were portrayed. The fact that to stay on the bench, one must stray from the very basis of judicial independence proves that elected judges should not exist. Reminded that full judicial independence is a condition in which judges are entirely free from negative consequences for their decisions on the bench, rendering judges independent is to provide lengthy and secure tenure. Independent judges; those appointed to their position, spend a greater amount of time in office, and as a result produce more
Impartiality means that the judge should not show bias to any of the parties. The two parties should be treated in the same way in terms of equality. Additionally, both parties should be given similar opportunities to submit their cases.