Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate. There are a few ways that the President …show more content…
We enjoy our ability to exercise our rights in the voting booth. With that in mind, electing judges serves the will of the people and makes us feel as though we have a measured amount of control over the judicial system. This requires judicial candidates to expose their lives to public scrutiny and represent their voting pool. Conversely, appointed judges would have an easier time concealing truths about themselves that they would prefer the public not see. Favors among close circles of officials are likely easier to be traded in secret. They also have a higher expectation of privacy for themselves that comes from not bearing the weight of a campaign. Lastly, the downside of elections is the fear that judges would vote with reelection in mind instead of the law. The elevation to an almost celebrity status is a lot of pressure. There are many expectations and people to please, including campaign contributors. This may cause a judge to render a decision based on obligation instead of holding true to their beliefs. This pressure is not easily felt as intensely by appointed judges, especially those with lengthy terms. In considering the equity of the pros and cons it is my opinion that the existing system in place works best. Every system is flawed. However, in balancing those flaws with their benefits, America’s judge selection process is satisfactory. Having a mixed system helps to aid in checks and balances between the government and the voting power of the
1. Briefly discuss the four general methods of selecting state judges (appointment, partisan election, nonpartisan elections, and merit selection) and choose one in which you feel will result in the best judicial candidate, and why. When selecting a state judge the methods used are diverse compared to selecting a federal court judge since there are four general methods used, this
When it came to the judicial branch, the delegates chose to have judges elected by popular vote, in contrast with the previous constitution where judges were appointed by the governor. Additionally, the delegates created a court of appeals which was made up of three judges and would handle criminal cases so that the Supreme Court could focus on civil
In America, judges have become too politicised . The government in power for example could be republican. They might appoint a judge who aligns with their political view and policy, causing that judge to interpret the constitution in such a way that allows the government to get away with something or may change rulings on a right. An example of this polarisation is the famous Bush v Gore case in 2000. In this case, a recount of votes in counties in Florida had not been undertaken, as was required due to the low majority.
Public Trust in the Supreme Court 50 Hence, even the judges in courts can be biased to circumstances as well. In fact, the Florida Supreme Court Standing Committee on Fairness and Diversity (n.d.) contends that bias cannot be prohibited especially in the realm of politics.
Over the years, a plethora of court cases have caused Americans to wonder: is our jury system indeed as wondrous as it is conceived to be? To explain, the jury system is the concept of giving the defendant in a trial the option of either having a bench trial, one where a judge alone reaches a verdict, or a trial by jury, one where a group of twelve ordinary citizens is chosen to reach a verdict on the case. One may wonder why a dozen everyday denizens are being endowed with the absolute power over a possibly life or death decision in the life of a neighbor that is unknown to them, but the framers of the United States Constitution believed that this was the most democratic option in making sure that justice is properly served. Explaining further,
In this case, the Texas have a choice of choosing a democrat or republican judge when they walk into the polls to vote like any person running as a politician (Horwitz, 2014). As far as what i think about Texans appointing the judge, I believe that
Lily Craymer November 8, 2017 Texas Politics County Court Judges vs Supreme Court Judges In Texas, County Court judges and Supreme Court judges both have the title of “judge” in their names, but what does that really mean? If someone introduces themselves with the title of a judge, it doesn’t give any specifics on what their public responsibilities are. Both positions have different levels of power, but are equally important. In order to reform Texas laws, one must know how it functions.
Juries are selected at random from the community, ensuring that the trial is not biased towards any particular group or individual. The use of juries in the legal system provides a system of checks and balances. “Of course trial by Jury is one of our sacred cows.” (Document B) The jury acts as a counterbalance to the power of judges and prosecutors, ensuring that no one person or group has too much influence over the outcome of the case.
Our legal system allows judges to make important decisions on their own, which is a huge responsibility, and if it falls into the wrong hands, there could be severe
The courts have failed to gain recognition and rejection of the practice of excluding blacks from the jury: First by the composition of the jury panels and second in the use of peremptory challenges to remove black people who reach the panels from which the jury pool is selected. The conclusion that race and racism, continue to be major influences in a jury selection process and in the outcome of juries seems beyond doubt, but Kennedy retains his commitment to anti-discrimination as the appropriate standard in jury selection as in all other aspects of the law enforcement process. Moreover, rejecting procedures that would ensure racial diversity in the jury pool is a complication because they are not focusing on what is more important which
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
Furthermore, the commissioner of Federal Judicial Affairs administers the advisory committees and they represent each province and territory, which examines the qualifications of the lawyers who apply for federal judicial positions. The law states that a candidate for a federal judiciary must have been a lawyer for a minimum of ten years and must be qualified and eligible to practice law in the respective jurisdiction the person has applied for. Judges to the provincial and territorial courts are appointed by the provincial and territorial governments respectively. The eligibility criteria for selection of judges to the judiciary panel are similar for the both provincial and territorial governments. All federally appointed judges are appointed by the Governor in Council.
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.
He suggests the names of judges to Senate and with advice and consent of Senate, judges are appointed by the President. Judicial committee of Senate plays very significant role in evaluating the cardinals of the proposed judges of the Supreme Court. They make the investigation of the background of judges, they hold the face to face interaction with judges, the judges are queered and grilled and questions are put. The whole process happens in public and in transparent manner. The citizens of US has any information about judges integrity, they can send the information with evidence to the Senate Judicial Committee which will make the further investigation and make sure that no unworthy candidate will be appointed as judges to the Supreme Court.
The lack of diversity is apparent in the Supreme Court of UK which is composed of 11 white men and one white woman. The composition of the panel can directly impact the cases. The case generally reaches the Supreme Court indicates that it is a matter where the law is not clear and there will be, in effect, two possible answers to the question. As Lady Hale recognises: “you will not get the best possible results if everybody comes from exactly the same point of view.” This conclusion is strongly supported by the research on the effects of the judicial diversity carried out largely in US which concluded: Judges panels from the diverse backgrounds are more likely to debate a wider range of considerations in reaching their judgements than homogenous groups of judges.