TRUE Show -NOMINEES UNDERGO INTENSIVE BACKGROUND CHECKS BY THE FBI AND A THOROUGH EVALUATION BY THE AMERICAN BAR ASSOCIATION -OTHER INTEREST GROUPS ALSO WEIGH IN AND ALSO THE MEDIA -THE U.S. SENATE JUDICIARY COMMITTEE CONDUCTS SEVERAL DAYS OF HEARINGS, DURING WHICH THE NOMINEE IS SUBJECTED TO INTENSE QUESTIONING AND SCRUTINY MUCH OF WHICH CAN BE INTENSELY PARTISAN TODAY -THE ENTIRE SENATE THEN VOTES ON WHETHER TO CONFIRM THE NOMINEE TO THE COURT Recommended textbook solutions Social Psychology10th EditionElliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson 525 solutions
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Terms in this set (29)The position of the Judge Of all the actors in the criminal justice process, the public holds the judge most responsible for ensuring that the system operates fairly and impartially. Current Chief Justice of the Supreme Court John G Roberts, he is the 17th Chief Justice. What did the court service do to diminish the impact on watching programs on attitudes about the judiciary? DID NOTHING Powers of the Judge Set bail and revoke it; Determine whether probable cause exists to hold defendants; Rule on pretrial motions to exclude evidence; Accept pleas of guilty; Preside over trials; After conviction, they set punishment. Frustrating parts of being a judge One of the most frustrating aspects of being a judge is the heavy caseload. Judge Shopping Through the strategic use of motions for continuances (requesting delays for motions/trials) and motions for a change of judge, attorneys maneuver to have their clients' cases heard by the judge they perceive as most favorable. Judges are supposed to be impartial but... People can't help but see the world through the lens of their own experiences Personal experiences affect the facts that judges choose to see Racial Bias in Judges White federal judges: Are about four times more likely to dismiss race discrimination cases outright. (4x more likely to dismiss discrimination complaints filed by blacks) Another analysis found that they are half as likely as black federal judges to rule in favor of people alleging racial harassment in the workplace. (50% less likely to find racial harassment of blacks by whites) Bias of Judges in Louisiana A surprising study shows that judges in Louisiana — white or black — actually give longer sentences to juvenile offenders of their own race. Also, the judges are about 5 percent more likely to recommend jail time instead of probation for defendants of the same race. Three major methods of judicial selection Executive appointment Popular election Merit selection
Executive appointment- Federal (method of judicial selection) All federal judges are selected by executive appointment. President nominates - Senate must approve Executive appointment- State (method of judicial selection) At the State level, when appointed, judges are usually appointed by the governor. Unlike federal appointments, when appointed by the governor of a state, the appointee becomes a judge automatically (no other approval needed). Popular Election of Judges (method of judicial selection) Most (approximately 39) states use some sort of elections to select at least some of their judges. Those supporting the elections process claim that it is the most democratic way to make judges accountable to the public saying it ensures that judges answer to the people they serve. Independence and the appearance of independence THE NEED FOR THE PERCEPTION OF INDEPENDENCE... Not only must judges in fact be independent, it is of important that judges are seen by the public to be both independent and impartial. Justice must not only be done - it must be see, to be done. DO SITTING JUDGES DRAW OPPOSITION? Traditionally, few sitting judges drew opposition. Times are changing, however. Interest groups are spending millions to back their candidates. CANDIDATES FOR JUDICIAL OFFICE ARE FREE TO ANNOUNCE THEIR VIEWS The U.S. Supreme Court ruled that candidates for judicial office are free to announce their views on key issues. States may prohibit judges from making commitments to decide specific issues/cases in a certain way. Merit Selection (method of judicial selection) NOT ELECTIONS! Merit selection involves a judicial nominating commission composed of lawyers and laypersons, Merit selection has won increasing acceptance Pros and Cons of Merit Selection Although backers of the Merit Selection Plan contend that it will remove the courts from politics, studies have reached different conclusions. The politics of judicial selection have been altered but not removed. The Missouri Bar Plan has greatly increased the power of the legal profession and the Governor. Consequences of Judicial Selection Methods of judicial selection have only a marginal influence on the types of lawyers who become judges. Whether elected by the voters, appointed by the governor, or selected through merit plans, state judges are more alike than different. The systems of judicial selection do not appear to produce very different types of judges. Does the method of judicial selection influence the outcome of cases? it does appear that the Similarities in Judges Backgrounds In general, judges are
men Diversity and the Judiciary Increasingly, judges are beginning to more closely resemble the American electorate. The United States is experiencing a revolutionary change in the composition of the bench. The dominant profile of judges as white males has begun to change. Female Judges Research on appellate courts finds that female judges tend to be stronger supporters of women's rights claims, regardless of their ideology. In Pennsylvania, female judges are somewhat harsher in sentencing criminal defendants. Notably, they are particularly hard on repeat minority offenders.
Judicial Ethics Because of the special role that judges occupy in the adversary system, they are subject to additional ethical constraints beyond those imposed on lawyers. Each state has adopted its own canons of judicial ethics. The purpose of these codes of judicial conduct is to preserve the integrity of the judicial system and to foster public confidence in the system. DRAWING CONCLUSIONS ABOUT THE DIFFERENCE WOMEN MAKE ON THE BENCH IS Problematical African-American Judges Only about 6% of judges are black. The reasons for this underrepresentation are The small amount of African-American attorneys. A product of how judges are selected. African-American judges are more likely to be found in states using appointment by either the governor or the legislature; they are less likely to be selected in states using elections (elections require money). State Judicial Conduct Commissions The primary method for dealing with a state judges misconduct is the state's judicial conduct commission. Every state has established a judicial conduct commission as an arm of the state's highest court. THE STATE SUPREME COURT RETAINS THE FINAL POWER TO DISCIPLINE ERRANT JUDGES Judges cannot comment on pending cases Sets with similar termsthe courts chapter 812 terms fran_barrett7 Chap 817 terms Jonteria_Davis Criminal Justice Chapter 956 terms Cassiekeller Judicial Politics Quiz 544 terms Brandon_Becker34 Other sets by this creatorSoc Sports Final Maybe93 terms elijahking121 Soc Sports Final Maybe60 terms elijahking121 Maybe Soc Sports Final30 terms elijahking121 RACE AND SPORTS CHAPTER 837 terms elijahking121 Recommended textbook solutionsAmerican Government1st EditionGlen Krutz 412 solutions Politics in States and Communities15th EditionSusan A. MacManus, Thomas R. Dye 177 solutions Criminal Justice in America9th EditionChristina Dejong, Christopher E. Smith, George F Cole 105 solutions
Government in America: Elections and Updates Edition16th EditionGeorge C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry 269 solutions Other Quizlet setsNURS 405 GI Peds58 terms Casey_Hicks2 Laws and Rules76 terms james_l_deary Constitution Test Review..57 terms MATT_FLO2017 Phil Exam 2 study guide37 terms jscavone44 Related questionsQUESTION What is the Roth test for obscenity? 7 answers QUESTION What Article II of the Constitution does? 9 answers QUESTION The Speaker of the House is the only formal house leadership role found in the Constitution, located in Article I, Section 2. True or False 4 answers QUESTION When programs are jointly funded, jointly administered, and jointly determined by state and national governments they are probably being operated under which type of federalism? 5 answers What is judicial independence quizlet?Judicial independence referes to the concept that judiciary must remain seperate from other branches of govt. it is neccessary condition of impartiallt and to thus ensure a fair trial (Artcle 6). Judges should be independent from executive..
What affects the selection process for Supreme Court Justices quizlet?-The nomination criteria goes as following: judicial competence; political ideology; representativeness of the population; and political consideration. It is important that a president nominates someone with a similar ideology as they do.
What factors influence the Supreme Court's decision making practices?Judicial decisions are also affected by various internal and external factors, including legal, personal, ideological, and political influences.
What is judicial restraint quizlet?-Judicial restraint: is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.
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Different methods of judicial selection have an impact on judicial independence Quizlet
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