Judge Selection Process

The U.S. Supreme Court has acknowledged the growing distress, deeming California’s state prisons unconstitutionally crowded. In 2009, the U.S. Supreme Court ruled out that California’s 33 state prisons have become too overcrowded to the point where there are no sufficient medical and mental health care available (Realignment AB 109, 2013). The U.S. Supreme Court determined that the 33 state prisons are violating constitutional exclusions, under the Eighth Amendment, against unfamiliar punishment and brutality, says the American Legislative Exchange Council, an American organization producing model policies for state legislators (ALEC, 2010).

The state of Oklahoma alone has executed 195 people for crimes such as rape, murder and kidnapping. (“Crimes Punishable”) In the Constitution of the United States the eight amendment prohibits “cruel; and unusual punishment” inflicted on those who have been convicted of a crime. A total of 34 states have performed executions on people for various crimes. How do we know what is or isn’t “cruel; and unusual punishment”? Some would say the death penalty is stretching the ways of the law and others would say it is a complete violation of the constitution. The views of people are split evenly. People want others to pay for what they’ve done but may think that the death penalty is a little too extreme. Oklahoma is a very conservative state, and we like to do things the “old way”. With society changing so frequently we rarely match what the others states are doing and we could potentially be seen as a “bad” state. So the decisions such as whether or not to have the death penalty affects all Oklahomans and some aren’t okay with that. In the paragraphs below we will explore all aspects of the death penalty, and by the end we will find out what made the people decide the death penalty was constitutional and what exactly the people’s opinions on this subject are.

The United States Supreme Court ruled that prison overcrowding in California was equivalent to cruel and unusual punishment. This decision recharged a long-standing disagreement among scholars and politicians as to whether or not courts should intervene to protect make changes. Some believe this is a matter or the well-being of those unable to make decisions for themselves. Others believe this is not a top priority and by forcing states to improve state institutions, the already costly industry will have cost increase. The journal also discusses the economic effects reform has had. Concluding that they have made positive changes at a slightly higher expense. The changes made by the state made the facilities closer to “humane” by court standards. (7)

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.

Prison holds Millions of Americans everyday. Whether it be for theft, murder, or drugs, the morals of these people imprisoned have been corrupted and they have chosen to break the law. American citizens have always been faced with these questions: Is the death penalty morally right to execute? Is death penalty breaking the eighth Amendment? Depending on the person, they may agree with these questions or disagree. Even though times in America have changed tremendously, The death penalty should still be used as form of punishment and the crimes for life sentences should be reduced.

The process of choose and approve a supreme court justice is a process clearly defined within the constitution. First, it starts with the president. The United States president, according to the constitution, must be the one to nominate possible choices to fill the seat. After that, the nomination must by confirmed by the Senate. All supreme court justices have life long terms, so there will never be a single president that must make all the appointments. If a president if put in a situation where he or she must put in nominate a justice, it can be a very lengthy process. The selection criteria can range anywhere from experience to political ideology.

members. Each member chooses three to six nominees. This is for the vacancies of the Supreme

-Another second way of chooseing a judge could aslo be by people choosing their supreme court judges, just like a presidential, gobverner, or mayor election when there is a position a spot available we could say that the congress are going to choose 6 candiadates for that postion and of course the judge needs to have experience with state or federal level and also has to have a law degree so instead like the US president congress would choose the candidates once the 6 candidates are chosen they would have 3-4 months for their campaign from does 6 candidates their has to be 3 Democrats and 3 Republicans and they have to fight for their vote so now the people are going to choose their supreme court judges so now basiclay this means that each

When judges are appointed to the federal judiciary they must take into account the atmosphere they will be entering into (the judicial climate a judge enters). These new appointees will enter into their position where they must interact with people who have been there longer than they have. By the time these new judges enter the federal judiciary there is already an existing composition and atmosphere. They enter into the decisions already made, in which they must uphold the precedents made and constitutionality of cases or, if in the trial and appellate courts, the result may lead to the higher court overturning their decisions. When decisions are constantly being overturned it can result in a lack of legitimacy of the judge and could eventually result in impeachment, recall vote, etc.

Judicial selection and appointment is important in securing an independent judiciary as seen by the politicisation of the judiciary. In the UK and US the system of electing Justices is highly politicised. In the US it is ultimately up to the President to choose a Justice who fits his political ideology and philosophy. There is a clear divide between Justices nominated by Republican Presidents (Scalia, Thomas, Roberts, and Alito) and those nominated by Democrats President (Ginsburg, Breyer, Sotomayor, and Kagan). Presidents seek to nominate Justices who share similar political views. Republicans tend to nominate strict constructionists who favour a more narrow reading of the Constitution and Democrats tend to appoint loose constructionists who believe in a broad interpretation of the Constitution. Elena Kagen received only a single Republican vote and Sonia Sotomayor did not receive any. It is unlikely that the Republicans considered them to be underqualified, and more likely that they

Judge Moore went on to elaborate that there are two, not one, judicial system. Federal and state courts exist in close proximity and both are to follow the United States Constitution (Eastman, 2015). Article VI of the Constitution clarifies this stating “All…judicial Officer, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Constitution (Cornell University, n.d.).” Moore

Despite the dropping of rate of executions, not all states seem to be benefiting from it. Indeed, the decision was made in 2005 the same year in which four executions took place in the State of Ohio. So based on the DPIC database, five people were executed in 2006, five executions in 2009, and eight during 2010 (1). On the state level, these numbers show that although the United States Supreme Court cancelled the death row for juvenile and mentally handicapped, the number of executions seems hard to be stabilized at lower rates.

The judicial selection process can be complicated at times, and different states have different stipulations as to what needs to be required to be a judge. In recent years, proposals have been introduced by legislators, governors, courts, and citizens' groups in nearly every state to limit the role of politics in the selection of state judges (global reach com, 2016). In numerous states, there is more than one method used when it comes to selecting a judge. The judicial process in the state of Alabama requires special schooling and obligations to become a judge. Judges in Alabama are selected in the partisan balloting (globalreachcom, 2016). The Alabama Constitution implements necessary qualifications before an individual is selected to be a judge.

The first method or mode for the appointment of judges which will firstly be discusses is the election of judges by the people or also known as popular election (direct election). (Gilchrist, 1921) When speaking of popular election, what will come across our mind is that the election will be appointed through party election; whereby various political party contests in a direct election or poll. During this period of election, each political party may nominate a candidate for the position of judge. Besides than provide support in term of political party image or ‘brand’; political party also provide other assistance such as financial support, campaign and others. The assistance and support given by the political party is crucially important to ensure that the candidates nominated by the political party will be able to won the election against other candidates from their opponent. Through the assistance provided by the political party, it is clearly reflected that the candidate which contest for the office of judges, is highly depending on the political party and electorates. This highly-reliance relationship of judges over the electorate and political party is a dangerous threat to the impartiality and independence of the judicial body. This is because, in making decision, the judge which is elected by the people, need to ensure that the decision made fulfill and reflects the view and opinion of the people. (Gilchrist, 1921) Due to the fact that

Since 1973, 144 people that were on death row have be executed. The supporters of the death penalty believe that by executing “the worst of the worst” will decrease crime, provide substantial punishments, and promote happiness and safety throughout the country. Supporters are trying to find solutions to legalize the death penalty in the United States that is not considered cruel and unusual punishment, while still providing justice for the victims and their families. “Most of the arguments against the death penalty; those of inherent unfairness and bias towards the poor or racial minorities or the devastating potential for mistaken execution are both fallacious and misleading” (Anderson 2016).