The assignment to read the article from the January 31,200, Richmond Times Dispatch, Carrico Ending 42 years on High Court allowed me to examine how far respect, courteous and professionalism will take you in life. Part two of the assignment for this present week required me to identify some ethical advantages and disadvantages of an appointed vs. elected judiciary. I was able to infer that appointed judges are more likely to be unbiased and impartial in their duties to the court and to the citizens they serve. Part three of the assignment for this week allowed me to become educated on the ethical advantages of having a mandatory judicial retirement age due to declining health and an increased lifespan of Americans. In order to understand why
In partisan elections, the party affiliation of the candidate is indicated on the ballot. This election method is constantly criticized and is only used by a few states when selecting judges, Texas being one of them. Several questions come to mind when discussing partisan elections causing many to believe that it's an inappropriate way to choose judges. when citizens elect judges in partisan elections problems arise when considering campaign contributions, lack of minority representation on the bench, perceptions of fairness, and lack of knowledge on the part of the voters.
Visiting a different island in the Caribbean each summer has always been a family tradition of mine. The first few years never failed to make me fall in love with each and every one of them, but once my family suggested on visiting Punta Cana, Dominican Republic, the eighth year, my thoughts were not so hyped. Going to the same sea each year can get old and boring. When we finally got to Punta Cana, falling in love was too short of a term to describe what I felt for it. As soon as we landed we were greeted with songs and happiness all around. The nobleness lingering in the atmosphere, coconut smell in the air, and architecture went beyond my imagination.
In this chapter, the question of if judicial independence is being undermined is asked. Attacks upon activist judges is a recurring theme in the United States. Various judges are attacked across the state for the decisions they make. In an adversary system, a judge’s decision often fails to find favor with the losing party. These losing parties normally label the judge as and “activist”. This means that the judge had made an unpopular opinion. There has been many examples of judges being subject to the attacks such as when Justice Penny White was voted off the bench because she voted in a death penalty case to grant the defendant more leeway. These attacks on judges can have a harsh impact on the judicial independence. The American Judicature
There are oblivious things in life that restrict us, they are called rules. Nobody prefers to play a game by the guidelines, but there are reasons for them to exist. The purpose is to maintain the fairness of the game. And for that reason, we have professionals like, umpires, referees, and justices who help to maintain the integrity of these procedures. Nobody pays to watch the umpire in a ballgame, but they are needed to enforce the rules. Similarly, a justice is needed to aid a nation comply by the rules. Comparably, Chief Justice John Roberts (Roberts) of the United States Supreme Court is an outstanding example of that. In this article, the author explains why Roberts makes decisions the way that he does even though they are considered constraints by many. The decisions made by justices should be unbiased and non- sympathetic to a particular political party or else the political system will suffer.
There are times when areas of government are operating improperly and the judiciary must step in to be able to return it to order. These instances are often met with controversy as people are dismayed by the branch overstepping its traditional boundaries. Despite this discomfort, it is always better that constitutionality and order be reinstated than people gain comfort in their unlawful actions and decisions. Examples of these instances of judges stepping forward to get these areas back on the correct path include the Boston busing situation and the reforms in the Oakland Police Department.
Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.
Courts play a vital role in the Criminal Justice System in America, however; understanding how the courts work and function is essential. Even the general public should have a basic knowledge regarding the similarities and differences of the jurisdiction and structure of our dual court system – federal and state. In addition, there are ethical and diversity issues that can be experienced by each of the courts that could possibly impact the courts’ functioning.
Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.
The first part of this essay will provide a brief insight into the history of the Supreme Court, the original intentions of the founding fathers and a discussion on how they idealized the relationship between politics and the law. The second section will explore how the contemporary process to which judges are appointed has become significantly influenced by politics. The third section will discuss how the Supreme Court overstepped its boundaries on constitutional interpretation in the Roe v. Wade case. The final section will unpack the importance of partisanship and ideological politics and discuss how it impacts the function of the Justices in their
Judicial Independence is fundamental to democracy, it serves as a guarantor of the rule of law and separation of power . However, nothing is perfect. There is some defect regarding to the judicial independence and solution must be made to curb the weakness.
According to the findings of the Australian Survey of Social Attitudes, 86.7 percent of respondents indicate that judicial impartiality is an essential or very important quality for the judiciary. However, Judges began to be seen less as the impersonal agent of a system and more as a human being responsible for failure of the losing party. This bias may be caused by political and sociological movement against judges’ power. In fact, judicial impartiality is not equivalent to passiveness or detachment of judges. Active judicial conduct is necessary for judicial impartiality. This opinion is supported by Mack and Anleu (2012) .
Bringing in new judges will allow for different thought patterns and views on certain problems. In addition, “a different perspective can permit you to more fully understand the arguments that are before you and help you articulate your position in a way that everyone will understand” (Sotomayor, 2016). Furthermore, newer judges would relieve others of the concern that the judges are unfortunately unable to keep up with the current society and their needs. As a result, newer judges will be able to notice the issues that the current society may be needed to be
Edgar Allan Poe is considered to be the father of the short story by many. Over the course of his life, he wrote hundreds of short stories and poems. His writing style is unique and influenced by the tragedies that occurred over the course of his life. In fact, he is most well known for writing morbid stories and gruesome, dismal poems. Indeed his writing habits were heavily influenced by his life. His life was full of depression, angst, and woe. Many of the people he cared for fell victim to deadly plagues and diseases. To cope with this pain, Edgar Allan Poe sought comfort in the bottom of a bottle. In his times of depression he would drink heavily and become sick for days at a time. In between his
With lifelong tenure, Hamilton adds that judges “shall hold their Offices during good behaviour.” Most importantly, Hamilton advocated lifelong tenure to prevent the decisions being made on the whims of someone who will not be in office in the next few years. Additionally, life-long tenure cures the problem with the whims of those, with a short time in office not having to deal with the current decision in a future context. In as much the continuity of constitutional integrity, laws can be less than clear cut with their impact sometimes not fully understood right away. It may take years for the impact of a law to become clear. In light of this, life-long tenure is the only way to ensure that judges are making sound decisions with future implications
John Griffith’s thesis asserted that the English judiciary comprises of judges who as a whole are of ‘a unifying attitude of mind, a political position, to protect and conserve certain values and institutions’. Before the Judicial