Scales of Justice Essay

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The Founding Fathers established the U.S. with special laws that give citizens the freedom that the British had denied to them. When they traveled to the country, the documents that the Founding Fathers wrote permitted them freedom of speech and freedom of religion. However, the Bill of Rights also grants citizens the right to a fair trial. Many judges have abused this right by creating their own opinions on cases before they have heard all the evidence against both sides. This principle, called judicial discretion, has helped weigh down the standard system of the scales of justice. Because of these judges, many people perceive the judicial system as “tilted” and do not appreciate the many judges who obey their own laws. Many kinds of…show more content…
Many more specific kinds of judicial discretion exist, such as Stare Decisis, the form of discretion where a judge provides sentencing based on previous decisions of the same offense (Roland). For example, a judge can sentence a criminal to 25 years in prison for shoplifting if he reviews a preceding case where a shoplifter received 25 years for his crime. Another way that a judge can abuse his power lies in “stacking” the jury (Roland). Though a potential jury member states that they cannot serve because they cannot judge impartially, a judge may exert his authority by allowing the said member to partake in the trial, so that he gives one side an unfair advantage over the other (Roland). Just like the concept of Yin and Yang, judicial restrain exists to balance out the negative aspects of judicial discretion. Many people credit Justice Oliver Wendell Holmes with many contributions to the axiom of the Supreme Court (Schwartz 64). Judge Richard A. Posner wrote of Holmes that he helped contribute “judicial restraint in cases involving challenges to regulatory laws;...” meaning that judges must hold themselves back regarding challenges to laws created by individual cities or states (Schwartz 64). Though judges practice judicial restraint to counteract the negative effects of judicial discretion, many people look through colored lenses and fail to see the positive side of the judicial system of the
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