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Decision Making Techniques
Judges and their functions
Judges and their functions
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Introduction
Judges have a very important job. They decide the sentence for the crime committed. If they want to be lenient they can if they want to be harsh they can. However, how do judges make their decisions in court cases? What are the factors they include when making decisions? Do rules limit their understanding a judge might have or sympathy for certain cases or do standards make them want to hold the person charged to the highest degree? Do plea deals hold a different decision-making strategy? There are many important people in the court room however the judge holds the most authority. This why it is important for a judge to hold their decision to the highest standard and make sure it is ethical and doing justice when doing so.
Literature
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It must be functional enough for all the staff that need to be present such as judges, police officers, attorneys, probation officers, social workers, plaintiff, witnesses and so forth. Some may think justice is not obtained in court rooms however, it depends on the parties. Victims may not agree with the verdict while defendants are happy with it. Not only does it affect the victim and the defendant but the families as well the verdict may not seem fair or justified depending on the punishment given for the crime committed. However, even with the verdict and the affect one might feel about it does not mean the court did not provide justice. According to Peak …show more content…
Selection of judges however, are different in the state courts. State judges go through what is called judicial selection which fills the term of a judge who died retired or was impeached. There are a variety of ways for judges to be selected. Judges can be selected by partisan, nonpartisan, merit election and they can be appointed.
There is a code of conduct that judges state and local need to follow. The American Bar Association model code was implemented in 2007 in case judges commit judicial misconduct. Judicial misconduct is when a judge acts in an unethical way and violates the code of conduct. When a judge commits this type of misconduct it is investigated by a group of judges called judiciary. Many judges are in denial when approached with the issue. However, the actions of a judge can affect the reputation of the court system they serve. Therefore, it is important for them to be ethical and
There are four factors that the president takes in consideration when choosing a Federal judge which are experience, political ideology, party and personal loyalty, and ethnicity and gender.
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
Supreme Court and Court of Appeals judges are elected in nonpartisan statewide elections. Mid-term vacancices are filled by appointment. State law requires that nominees are state residents and have practiced law for a minimum of seven years.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles.
The last model of the judicial decision making is the legal model. The legal model assumes that judges give in to the law when making decisions. If a judge has any personal preferences for an outcome in a case, it is assumed that he or she leaves these preferences aside and defers to the facts of the case or legal standard when making his or her decision.
The problem of judicial corruption in United States is immense. The Sixth Amendment in the United States Bill of Rights refers to the right to a speedy, fair and public trial. Unfortunately, our judicial system does not always maintain these rights. The United States judicial system is very corrupt and most of our country’s citizens do not know how corrupt it actually is. When thinking about the judicial system, words that come to mind are justice, morality, and fairness. Sadly, these words are not accurate descriptions of this system. Correct depictions of today’s judicial system are corruption, rigged courts, extortion, and phony trials. Our legal system does not bring truth or justice to our courtrooms. Overcoming this corruption is not easy for the average citizen or anyone who is not in on the “game”.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Web. 01 May 2014. 11. Burke, Kenneth. "Literature as Equipment for Living."
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
Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.
There are certain moments in American life that have certain dignity" (38). The judicial system is a very complex system and deserves the respect and dignity that is required. It needs to be taken seriously. The public has no right to make it into a game. This is a serious process of bringing criminals to justice.
Literature has many purposes, and opens doors to unique worlds. Through Literature, we discover ourselves and world time and again.
This shows that judges in fact, do possess a certain amount of discretion. It has even been argued that in practice, judges seemed to have first come to decisions or conclusions of their own before actually searching and relying on precedents in line with their decisions to back them up. In the case of Merritt v Merritt [1970] CA, Balfour v Balfour [1919] was a prima