TRUE
-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
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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.
In recent years, more judges draw opposition and judicial elections have become nastier and costlier.
Mudslinging and attack advertising have become common.
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,
who
suggest a list of qualified nominees to the governor.
The governor makes the final selection but is limited to choosing from those nominated by the commission.
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
method of judicial selection can affect case outcomes.
Similarities in Judges Backgrounds
In general, judges are
men
from the upper middle
class, and their backgrounds
reflect the attributes of that class: They are more often white and Protestant, and they are better educated than the average American.
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
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