Ideology In Criminal Justice
When faced with the question of what’s the proper role of a federal judge or even the role of the federal judiciary, many nominees to the exalted position of supreme court justices have answered in these words or along the lines of these same words, “To interpret and to apply the law.” While this reply is apt and shows that the nominee has a clear understanding of the limited role of the judiciary, it is also essential to note that the individual beliefs of the nominee can often time have a significant influence on how he or she will decide on cases once seated on the bench. Therefore, it is pertinent that authorities with the responsibility of appointing and confirming these nominees consider their ideology during confirmation hearings. But …show more content…
“Ideology” in this case refers to the personal views and or opinions of a judicial nominee that may likely influence his or her decisions as a judge. Some of the points under consideration include the individual’s philosophy of constitutional interpretation of points of law, the individual’s views on current controversies and topical issues such as gay rights, the death penalty, the right to abortion, affirmative action, criminal law reform and the separation of the church and state, …show more content…
This is not to say that judges do not operate under the legal boundaries as set by the constitution, but some have argued that since the discretionary powers of judges and Supreme Court judges, in this case, can significantly affect the outcome of any judicial decision, then their ideology and personal philosophy is quite important especially when they would be voting on significant cases.
Finally, both sides of the divide recognize the importance, and role ideology plays in the major legal decisions. Ideology matters and a person’s thinking is bound to influence the way they will vote on important issues, and this is why interest groups on both sides of the ideological divide have strong reasons for making judicial confirmation a high priority because they know what is at stake in who occupies the federal bench.
Lawrence H. Tribe. God Save This Honourable Court, 87, 90 – 91 (1985).
Sydney M. Irmas. Ideology and The Selection of Federal Judges (2002).
Boyden Gray. Appointment of Federal Judges: Should Political Ideology Matter, The Progressive Conservative, Volume V, Issue #128, August 27,
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