Case Against Judge Phillips

Case Against Judge Phillips
A week has passed since the arrest of Mia's mother Sheila for beating her husband's side chick with
a golf club. Her mandated court date has arrived and also her divorce date. This was going to take a
very heavy toll on Sheila like a hurricane on a state. The timing of her scheduled events couldn't
have come at a better time. She had the worst judge in the entire state of Florida. Judge Joe Phillips.
He had a huge reputation for being a tough judge.
Ballif "All Rise." "You may be seated, Judge Phillips said." Judge Phillips read off Sheila's charges
and said it the rudest way. "Your ass better be lucky that the woman didn't press charges on your
crazy ass, he barked." Judge Phillips also stated, "I will be placing you on 6 years probation ... Show
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Not knowing how her mother would feel Mia crept downstairs and out the doors. When she got
outside she was greeted by her brother, sister, dad, and her boyfriend. At the bowling alley, Mia and
Erik were in teams against Tara and Johnny and then Jeremih switched with Tara. They played
multiple rounds until it was time to go eat. Mia's team had won against Tara's team in bowling. After
the game, they went to this nice five–star establishment. For an hour they eat, talked, and laughed at
some good memories and new memories. When they pulled up to Mia's house Erik walked her the
door and kissed her goodbye. Mia walked into a dark as the house not being able to see anything. As
she turned around she saw her mother turn on the lamp. "Mom you frightened me, Mia said."
"Where have you been young lady, Sheila asked?" "I was out with dad and the others, she
responded. Right then and there Mia saw something different in her mom that she never saw before.
She knew that her mom was a different person than who she was
... Get more on HelpWriting.net ...

Judge Judy Research Paper
In the scenario in which judge Judy, a television star, makes more money then a real judge, judge
Sandra Day O'Conner, I believe this is not fair. Some people are born with talents in which they
make a great deal of money off of by pleasing the public's eye, however if "society doesn't put a
great value on MY talent (48:23)" then the talent you are born with is worthless. In the case of Judge
Judy, she is making millions of dollars off of her talent to be a good actor. But not all of us our born
with a talent which the public sees as worth money; meaning not everyone's talents will cause them
to make millions (Sandel 163). This scenario links with children who are born into poor families. It
is not fair that the child is born with a disadvantage of not getting a good education because there
family is unable to pay for schooling. This is where public schools and start programs, funded by
taxes, help place every child at the same start line without a disadvantage. These ... Show more
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If there is too much equality then the least well off wont be able to watch late night TV. So you need
to find a balance where taxation still leaves enough incentive for the least well off to benefit from
their talents. (33:31)" I agree with this. The rich should be taxed more to help the least well off so
that everyone starts at the same line, no one is born with an advantage. However I do not agree with
his statement, if there is too much quality then there will be no incentive. Yes I think actors do it for
the money but not all actors start off with the drive to become rich. Some people are just embracing
their love/ talent they have and there reward is millions but it is not expected. That means that I do
not believe late night TV will be discontinued just because the pay isn't as high. If the pay were
never high to begin with then the inceptive would not

Summary: Judge Tuttle
During this announcement was when I first got a sense of Judge Tuttle's personality and her nature
in the courtroom. While the Honorable Judge Tuttle did have everything under control and
organized in her courtroom, she was a very easy–going counselor. She let us know that the jurors
were just finishing up their donuts that the court had provided them and ask us if that was okay with
us despite the case already being delayed. She had a very nonchalant approach to her. Looking back
in comparison to the interview I conducted with Judge Tuttle it makes sense. In her interview I came
to find out she had never took a law class during her undergrad, but actually majored in art history,
which probable explains why she had such an abstract approach ... Show more content on
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It was very intriguing to see the finally results of voir dire, peremptory challenges, and the numerous
other aspects that go into jury selection. The jury consisted of seven women, five males, and was
predominantly Caucasian past their forties. Which for a fifty–eight–year–old Latino male, this was
far from a representation of Jerry Olmeda's peers. Aside from the gender, age and race gap the jury
didn't seem to emotionally invested or interested in the case until accounts of assault came up. Up
until the daughter's testimony, and showing of Andrea's account of the sexual assaults she
encountered, most of the jury just stared blankly at the court proceedings. But as soon as the
recording started, you could see the jurors started to take notes and become more

Real Life Duty Of Judge Judy Judge
The infamous show entitled Judy Judge is a syndication television courtroom series that has
captured the attention of the nation. In the show Judge Judy, formally known as Judith Judy
Sheindlin, presides over real life small claim cases. She is famously known for outspoken
personality and being one of harshest judges in the state of New York (Neubauer & Fradella, 2014).
Her show is heavily criticized because it is alleged to because it distorts and underrepresents the real
life duty of being a judge.
For this assignment, I watched an episode of Judge Judy to provide insight on how the real life duty
of a judge is distorted in the show. This particular episode was about a Kenitha Roberts, the plaintiff
and Valinta Grace, the defendant. Roberts filed a ... Show more content on Helpwriting.net ...
Roberts's emphasis that she met Grace at a night club where he was introduced by her unidentified
cousin. They exchanged information to become familiar with each other, and discovered that they
came from similar backgrounds. Both of them were placed in foster care as children. In addition,
Grace informed Roberts that he has two foster care daughters, and he was now struggles to provide
for them financial due to the recent layoff. Roberts provided Grace with a loan to provide for his
foster children, since she is an advocate and grant writer for a company that deals with foster
children. There was an agreement made that Grace would pay for the loan by working for Roberts
and her company as a project coordinator for forester children, which would be funded by a federal
grant that was scheduled to come in at a later date. Grace was not able to documentation about his
completed educational opportunity nor was he interviewed. Therefore, he was not offered the
position. From Grace's perspective, he denied receiving $9,500. He stated that he only received
$1,600. He advised that he received this money directly in his bank account after he told

District Judge Case Study
[Date] Honorable [Name of Judge] United States District Judge [Address of court] I, Michelle
Estrada, am presenting this letter to you –––––the judge name––––– to support my father Luis Raul
Estrada and Stephanie Ciani Messick during this process of hardship. I am aware that my biological
mother, Cindy Estrada, is demanding to have full custody of my two siblings, Christina Marie
Estrada and Alex Anthony Estrada. My two primary concerns are the following: Cristina and Alex's
mental and emotional health and Cindy Estrada's avoids parental responsibilities. To the first point
our, I recall an incident where Cristina stayed another day from Luis Estrada's house after Cindy had
kept her an extra day, in violation of the custody agreement.

Speech On Becoming A Judge
Becoming a Judge
Have you ever thought about becoming a judge? There are many reasons why becoming a judge is a
great idea, reasons such as helping communities by taking bad people off the street and make people
in that area feel safe about being home and having fun in their neighborhood or community.
Although the judges we have now does not do the best they could at making decisions in court,
instead they take the innocent people instead of the guilty people, which makes the guilty people get
away with things they are not supposed to get away with such as killing people robbing banks,
stores, and houses and making the innocent people suffer and not live their life like they deserve to.
As a matter of fact one can become a judge and make better decisions than the judges that people
have now. Being a Judge can be beneficial to society as well as one who pursues this career.
Being a judge can be beneficial to society. Judges provide information about the justice system so
they feel confident and safe in their communities and homes ("Q&A with U.S magistrate Judge
Aaron Goodstein"). In order to be a judge you will need a bachelor's degree or a doctoral or
professional degree. There are many responsibilities and duties of a judge. First you have to apply
law by overseeing the legal process, resolve administrative disputes, facilitate negotiations between
opposing parties, and finally issue legal decisions (Bureau of labor statistics). Judges are projected
to grow 5% from 2016 to

Hamilton County Judges Case
CASE PROBLEM: HAMILTON COUNTY JUDGES Hamilton County Judges try thousands of
cases per year. In an overwhelming majority of the cases disposed, the verdict stands as rendered.
However, some cases are appealed, and of those appealed, some of the cases are reversed. Kristen
DelGuzzi of the Cincinnati Enquirer conducted a study of cases handled by Hamilton County Judges
over a three–year period ( Cincinnati Enquirer, January 11, 1998 ). Shown in Table 2.5 are the
results for 182,908 cases handled (disposed) by 38 Judges in Common Pleas Court, Domestic
relations Court, and Municipal Court. Two of the judges (Dinkelacker and Hogan) did not serve in
the same court for the entire three–year period. The purpose of the newspaper's study was to ...
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1. Based on the data provided in the Hamilton County Judge case study the actual probability of
cases being appealed or appealed and reversed are as follows. a. Common Pleas Court disposed 43,
945 total cases and had the following probability of either being appealed or appealed and reversed.
i. Total cases appealed were 1,762 or 4.01% ii. Total cases that were appealed that resulted in a
reversal was 11.29% b. Domestic Relations Court disposed 30,499 total cases and had the following
probability of either being appealed or appealed and reversed. iii. Total cases appealed were 106 or
.35% iv. Total cases that were appealed that resulted in a reversal was 16.04% c. Municipal Court
disposed 108,464 total cases and had the following probability of either being appealed or appealed
and reversed. v. Total cases appealed were 500 or .46% vi. Total cases that were appealed that
resulted in a reversal was 20.80% d. All Courts combined disposed 182,908 total cases and had the
following probabilityof either being appealed or appealed and reversed. vii. Total cases appealed
were 2368 or 1.29% viii. Total cases that were appealed that resulted in a reversal was 13.51%
5|C AS E STU D Y – HA MI LTON C OUN TY JUD G ES
2. Based on the data provided in the Hamilton County Judge case study the actual probability of
cases by judge being appealed are as follows. COMMON PLEAS COURT: JUDGE Fred Cartolano
Thomas Crush Patrick Dinkelacker Timothy Hogan Robert

Judge In The Crucible
There are many things that typical Americans expect from their courts. They count upon the ability
to use a lawyer, trial by jury, and basic rights to protect themselves. However, what makes a
democratic judicial system function is a person's right to a fair trial, which is judged by someone
who is impartial and applies only the law when judging. In The Crucible, by Arthur Miller, the flaws
within the religious Puritan courts are on full display. Danforth, the judge of the trials, is seen by
most as the essence of the entire mess. Danforth is one of the most important judges in Puritan
society, so his compliance with the Puritan trials should demonstrate that he truly believes in that
Judicial process. Yet, throughout the book we see Danforth apply the law, instead of religion, more
than what would be expected in a Puritan court. So, what is it about this trial that makes Danforth's
style of judging seem less Puritan? Danforth is used to his secular beliefs being in line with his
religious values. In most of his trials, he is judging based on religious laws that are written on the
side of "righteousness", so his lawful morals do not prove to be a problem. However, the fact that
this trial is based off of an "invisible crime" requires Danforth to rely completely on his own beliefs
while judging, therefore shedding light on his attempts to separate the law from religion within his
court.
When Danforth discusses the "invisible" nature of the ... Show more content on Helpwriting.net ...
By making his decision based on his own application of the law, instead of based on religious
expectations, Danforth is able to successfully separate "church" and "state". The night before the
hangings of Proctor and Rebecca Nurse are scheduled, Parris and Hale try to convince Danforth to
delay the punishments:
HALE: You must pardon them. They will not budge. The sun will rise in a few minutes. Excellency,
I must have more

Personal Narrative: Michael Judge
As I step into the oversized building, I freeze in my tracks. I start to feel dizzy. I recognize this
immediately as the courthouse I was in this summer, in Oconto County. This was the same lobby, I
remember passing through it. I suddenly realize how long I've been standing there, and almost have
to run to catch up with my class. When I catch up, my class is beginning to enter a courtroom, the
same courtroom. I continue into the room with the class, and see the judge that I saw this summer. I
already know, of course, that his name is Michael Judge, the main judge of this courthouse. He
looks me straight in the eye, before turning back to the class. Indeed, he must remember what I said,
before I had left this courtroom that day.
The judge ... Show more content on Helpwriting.net ...
I put that package in her bag. But, did anyone suspect Mr.Burt of the crime?" he asks, and most of
the class raised their hands."Exactly. You should have opened your eyes, and thought that maybe,
you were wrong. This girl opened her eyes, and suspected her own client! She makes a truly
amazing lawyer." he said, with such a bright smile on his face, he really means it. The judge says
goodbye, and our class leaves the courthouse with bright, shining smiles.
As I walk out of the building with my friends, a hand stops me. I turn around to see the judge,
smiling at me."You would make a truly outstanding lawyer." before I have a chance to thank him, he
retreats back into the courthouse. I continue on with my friends, making our way to the bus, when a
sudden thought comes to mind. When I first walked in, I looked at this place and immediately
thought about what happened this summer. Those are old memories, the bad ones, but I have to let in
the new memories, the happy ones. Happy memories are always better than sad ones, and I now
have happy, and sad, memories of this place, and I've learned that it's ok to have both kinds of
memories. Sometimes you need both memories. I can still remember what happened last summer,
but I also have to remember what happened today, because today I learned so many things, and any
day when you learn something, is a day to

Judge Samuels Courtroom
I went to go check in the juror assembly room to check for trials, they only knew of one later on in
the criminal court. I went to Judge Samuels courtroom because that is where the trial was going to
occur later in the day. When I arrived Judge Samuels was doing arraignments which, I found out
were very common in the criminal courts. She would give the defendants who had DUI's options
between time in county jail or community service. One of the cases that stood out was a defendant
who needed psych sessions. The defendant had just been given a trial and was found guilty so, they
had to sentence her. The defendant was convicted of three counts one of them being assault with a
deadly weapon, which happened to be a car. Judge Samuels had a lot of defendants set a surrender
date. There were many no shows. When defendants do ... Show more content on Helpwriting.net ...
The defendant only said hello to the officer when inside the vehicle. The transcripts for the video
were ready for the jury. The prosecutor played the video and stopped it at the parts where he wanted
to ask questions. A term needed clarification by the witness, it was "2 fer," he said it meant having
sex with two prostitutes. He used the term when asking the other women if they were okay with a
two fer. He later said that the defendant got a phone call that lead her to get out of the car. The other
women and the officer were discussing pricing then, the other women got a call from the defendant.
The other women told the UC officer that the defendant got out because she had to pee. Upon
arriving to the ATM the other officer came and made the officer get on the wall. The officers were
talking amongst themselves. The main UC officer of the case had said it was a weak 22 which
means a loitering with intent of prostitution. The difference with weak or strong 22 is whatever the
suspects would attempt to do in the car with

Texas Judges Research Paper
When selecting judges in Texas many first get their start when they are initially appointed by the
Texas governor. Though this usually happens to fill up any vacancies that there may be on the bench
(Champagne and Harpham 257). Aside from being appointed by the governor, most judges in Texas
get selected to serve by Texas voters. These elections are known as partisan elections, meaning that
the judicial candidates' political affiliation is listed on the ballot. Party affiliation is one of the most
important factors in judicial elections. Before 1978, most judges were Democrats due to the state
being largely Democratic. In addition, the governor of the state was usually a Democrat and would
usually end up appointing Democratic judges (Champagne ... Show more content on Helpwriting.net
...
Clements was a Republican and like the Democratic governors who came before him, he appointed
judges who were affiliated with the Republican Party (Champagne and Harpham 259). During this
time the popularity of the Republican Party was also on the rise, which helped to create competition
during judicial elections. However, this also brought changes to elections, such as having judicial
candidates switch party affiliation under that assumption that it would help increase their chances of
getting and maintaining a job as a judge. Another change in these elections was the raising of
money. Something that wasn't a large concern when competition was nearly nonexistent, but is now
needed so that voters' attention can be brought towards the candidates (Champagne and Harpham
260). Perhaps the biggest change that occurred, and arguably the most damaging, was that these
elections became highly partisan. Which has resulted in citizens voting for a particular candidate
based on nothing but their party affiliation. This has led to unqualified people being chosen to serve
as judges solely because they are Republican (Champagne and Harpham 261–262). For this reason
judicial elections often get

Hsc Judges Research Paper
Firstly, the appointment of judges shapes Charter interpretation, forcing Canadians to reconsider the
people they have given power to and to rethink the Charter's interpreters' authority in creating a
more "just" society. Unlike the politicians that Canadians decide to have authority over Canadian
administration of justice, taxes, foreign affairs, and other issues of national concern; ever since
Canada instituted the Charter into the Constitution, many concerns that politicians once burdened
themselves with are now turned over to judges whom society cannot elect or un–elect. However, in
an article called "Does the Supreme Court of Canada need more checks and balances?" Jeffrey
Simpson states "The prime minister has complete discretion to nominate whomever he or ... Show
Among other duties the SCC has the responsibility of keeping in check the authority of the
Parliament, the political party in office and, and the Cabinet. However, with constant changing
reforms the SCC has merely become "largely an extension of the power of the Prime Minister who
appoints SCC judges" (Schafer, Huffington Post). While different prime ministers of dissimilar
political ideals are involved in the process of appointing judges a setback arises when one federal
political party holds office over several elections consecutively. Thus, when that prime minister
eventually leaves his position, the principles that Canada once agreed with would ultimately be
present in the majority of the SCC judges who remain in their positions until they pass away or
retire. Since Prime Minister Stephen Harper has lost the last election, seven of the nine SCC judges
were appointed by him; meaning that while Canada has moved on to favoring liberal principles, if
and when the Charter is challenged one must consider the nature of the

Process Essay: Judging The Judges
Judging the Judges
Judicial elections, a process virtually unheard of in any other modern–day democracy, is the most
popular method of selecting judges in the United States. The elections are either partisan, requiring
the candidates to secure an endorsement by a political party; non–partisan, requiring no political
endorsements for the candidates; or retention, requiring appointed judges to face reelection to retain
their seats after some time on the bench. Judicial elections were established in the nineteenth century
to balance public accountability and political independence of the judges. And, with the settlement
of most large–scale controversies ranging from: gun control to desegregation inside courthouses, the
process of selecting judges ... Show more content on Helpwriting.net ...
For instance, if the parliament, acting on public opinion, was to make a law severely curbing the
rights of some minority, the supreme court has the right to struck it down as unconstitutional,
irrespective of the public support behind that law. This principle takes into account the notion that
popular sentiments should not always be reflected in state policies, especially when they contradict
the law. The process of judicial elections, however, is entirely based on public support as the basic
legitimizing criteria for the justice system and fails to consider the fallibility of popular opinions.
And, when judges are elected to their offices, the cannot work irrespective of public opinion which
helped them gain their seat in the bench. Therefore, election of judges contradicts the basic
principles of democracy as well as independence of the judiciary.
With substantial empirical data pointing towards the indisputable corruption of the judiciary by the
electoral process, there has been a reasonable increment in the number of critics of judicial elections
over the

Declaratory Judge Case
Maryland Code (1973, 2013 Repl. Vol.), § 3–409(a) of the Courts and Judicial Proceedings Article
("CJP") provides: "a court may grant a declaratory judgment . . . if it will serve to terminate the
uncertainty or controversy giving rise to the proceeding . . . ." (emphases added). Indeed because "
[a] court 'may grant a declaratory judgement;' [the] declaratory judgment generally is a discretionary
type of relief." Coverge Servs. Grp. v. Curran, 383 Md. 462, 477 (2004) (quoting CJP 3–409(a)).
"Thus, we generally review a trial court's decision to grant or deny declaratory judgment under an
abuse of discretion standard." Sprenger v. Pub. Serv. Comm'n of Md., 400 Md. 1, 21 (2007); Tanner
v. McKeldin, 202 Md. 569, 577 (1953) ("[I]t is clear ... Show more content on Helpwriting.net ...
Rarely, we have held, is it permissible to dismiss an action for declaratory judgment in lieu of
declaring the rights of the party seeking the judgment.Post v. Bregman, 349 Md. 142, 159–60
(1998). Indeed, This Court has emphasized, time after time, that dismissal "is rarely appropriate in a
declaratory judgment action." Popham v. State Farm, 333 Md. 136, 140 n. 2, 634 A.2d 28, 30 n. 2
(1993), quoting Broadwater v. State, 303 Md. 461, 465, 494 A.2d 934, 936 (1985). See, e.g.,
Turnpike Farm v. Curran, 316 Md. 47, 49, 557 A.2d 225, 226 (1989); Boyds Civic Ass'n v.
Montgomery County, 309 Md. 683, 687 n. 2, 526 A.2d 598, 600 n. 2 (1987); Jennings v.
Government Employees Ins., 302 Md. 352, 355, 356, 488 A.2d 166, 167–168 (1985); State v.
Burning Tree Club, 301 Md. 9, 17, 481 A.2d 785, 789 (1984); Koontz v. Ass'n of Classified Emp.,
297 Md. 521, 529, 467 A.2d 753, 758 (1983); Carroll Co. Educ. Ass'n v. Bd. of Educ., 294 Md. 144,
155–156, 448 A.2d 345, 351 (1982); East v. Gilchrist, 293 Md. 453, 461 n. 3, 445 A.2d 343, 347 n. 3
(1982); Mauzy v. Hornbeck, 285 Md. 84, 90–92, 400 A.2d 1091, 1095 (1979), and cases there

The Adversary Judge By Frankel
In "The Adversary Judge" Frankel explains how realities of the trial create a "role conflict" between
the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout
their day people play many roles, these roles are based on the expectations of the people around
them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the
role of neutrality, intelligence, and patience. Their role is thought to be similar of an "umpire"
(Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place.
Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the
idea of an "umpire" judge is the heated emotions that occur throughout the trial process. Frankel
states" the courtroom explodes as people spring up at several tables shouting objections, usually
loudly because they are in some haste and heat to cut off forbidden answers" (Frankel, 1976, p.
472). The attorney's main goals throughout the trail is to ensure a win for their client leading to
competitiveness between both parties. Attorneys do not want to hear they are wrong and always
need to be one step ahead of their competitors. This causes the commotion and tense emotions that
is usually seen in courts.
The judges are not excluded in these emotions, rather the constant battle between parties leaves the
judge under pressure to have control of the courtroom. Emotions exhibited

Research Paper On Voter Judges
Natasha Rash
Texas GOVT2306 NTW2
Profession: M. McLain
April 4, 2017
Judges to Be or Not to Be Elected
To be or not to be elected in a partisan fashion is the question. Given the nature of a Judges job, it
has been suggested that Possibly electing judges in this manor is not appropriate related to the very
nature of their job. We will be exploring the problems that could occur when citizens elect judges in
partisan elections. Some of the concerns may include campaign contributions, lack of minority
representation on the bench, perceptions of fairness, and lack of knowledge on the part of the voters.
The issue surfaces almost every election session but quickly fades most likely because the two
parties like the present system. One of the ... Show more content on Helpwriting.net ...
I feel that would also help to broaden the diversity of the minorities since it would be based on
records of the candidates and not so heavily on who raised the most money. As evidenced by the fact
that most voters are unaware of the judges past ruling history, this unknown could be eliminated by
allowing professionals in the legal field to devise a list of appropriate candidates to be appointed by
the Governor thus eliminating the possibility of straight ballot voting and making it about beliefs
and qualifications. When it comes to decisions which can affect your life, would you like to have an
educated qualified person making the decisions or possibly a less qualified individual who just
raised more money or market themselves better? To be or not to be elected is the question we as
voters should

Judges Allocation and Sentencing Guidelines
1.4 Judges are typically white men with strong political connections. Do you see any problems with
this in terms of fairness in sentencing?
Judges allocation of outcomes is constrained by a diversity of factors; race has no weight on
sentencing. What is taken into consideration is the severity of the crime and the individual's criminal
history. The judge has to consult the Constitution and a group of statutes and court rules that governs
sentencing procedure in that given jurisdiction.
When considering procedures for sentencing, it is important to know that the outset that sentencing
is an area in which jurisdictions vary considerably, and to distinguish the differences in sentencing
systems may have an important bearing on the ... Show more content on Helpwriting.net ...
Efficient courtroom workgroups seek to process cases rather than dispense justice. The legal merits
of the case are the true determinative factors of an outcome.
Judges: is the person who is eminent on the Bench in the front of the courtroom. While the Judge is
mandate by law to rule on the admissibility of the evidence as it comes into trial, the jury is
empowered by law to rule on the reliability of the evidence. In addition the judge accepts or
approves the guilty pleas when the defendant waives the rights to trial.
Criminal Prosecutor: is a representative of the State or Federal government whose job is to
prosecute individuals who have committed crimes and to take legal action for this violation. These
are the individuals that will go into the court room and argue to the judge and/or jury that the
defendant has committed a crime and should be held accountable for his/her offense.
Defense attorney: is the person in charge to defend the individual accused of a crime. The defense
attorney exercises any number of rights on his client's behalf to change the course of the trial or
negotiate the best outcome for the defendant, as well as provided the best defense for his client.
3. What are the functions of a Judge?
The judge presides in the courtroom. The judge rules on points of law and instructs the jury, about
the law that governs each case. Protecting the jury from outside influences is one of the important of
the judge's tasks at trial. The

Key Qualities Of A Judge
Becoming a judge is a very fulfilling and rewarding career path. With a great salary and many
benefits, a judge is a great job to have. The role of a judge is to interpret the law, evaluate the
evidence given, and are one of the most important decision– makers in a courtroom. Judges have to
accomplish many tasks like researching legal issues, evaluating records, motions, and applications,
listen to and evaluate two sides of an argument, decides whether or not the procedure is being
carried out according to the rules and law, and much more. Some important qualities that a judge
must have in order to be successful is to have good writing skills so they can properly write
recommendations and verdicts on disputes in a manner that each side understands the decision.
Reading skills are important as well because a judge has to be able to distinguish important facts
from a lot of complex information. A judge needs listening skills so they can pay attention to each
side's arguments in order to reach a fair solution. Decision–making skills are also vital for a judge to
be able to evaluate the facts, apply the rules of the law, and make a just decision relatively fast.
Lastly, critical thinking skills are also needed in order for a judge to correctly apply the rules of the
law while not allowing personal opinions to interfere with the proceedings. With the right skills and
mindset, becoming a judge will have many benefits and be very rewarding.
There are multiple benefits of

The Methods and Techniques of Judge Dee from Celebrated...
Judge Dee is a magistrate for the Chinese Province of Ching–Ping and he used many methods and
techniques to solve his cases. He also had significant influence on the society. Judge Dee mainly
utilized two methods to solve his cases, and they were using disguises and torture. He first used
disguises in the case "The Double Murder at Dawn" to try to find any suspicious man or women that
might look like he or she has been in a conflict instead; he finds the beginnings of the second case
"The Strange Corpse." This is always a simple way to get information because if he appeared as a
magistrate, people will be unwilling to dispense the information needed. So if he dresses up like a
doctor like he did at the beginning, people would be willing to ... Show more content on
Helpwriting.net ...
Judge Dee was considered the "Father and Mother Official." Magistrates function as a judge, jury,
prosecutor, and detective. He was the highest power in his district and was in charge of many things.
He was in charge of the town, land administration, the tribunal, the bureau for the collection of
taxes, the register office, and the public order in the district. Magistrates had to have great moral
strength, intellectual power, and refined literati also trained on Chinese letter and arts. Without any
of these skills, the magistrate would have failed his job. He would have barely gained any support
since these skills were signs of a good leader. The Magistrates were almost miniature monarchs of
their own lands. Even though whatever they say is not law, they are able to convict and torture
people until they listen. Judge Dee took everything under his control form the detective work to
sentences. He used lieutenants and constables to help out, but most work was done single–handedly.
No one else I the district has more power than him. A few magistrates in the book even had their
own private army for example; the magistrate in Turnip Pass had a garrison to protect the area from
criminals. Magistrates are supposed to be truth–seeking men. Judge Dee is obviously truth seeking
because he tries to see why the husband died in "The Strange Corpse" even though no one filed a
complaint, he did this for righteousness, which is looked for in

Texas Judges Research Paper
Texas judges with the exception of municipal judges are on average elected in partisan elections
which means candidates are listed to show their political affiliation on the election ballot. In the
cases where a vacancy is present the governor will fill the position with whom he chooses which
happens often enough to possible cause a political party imbalance.
Over the years the cost of running for judicial office has become more and more costly due to the
amount of money it takes to purchase commercial ads and politicking. This has made it necessary to
take donations in order to have a substantial campaign here inlays the dilemma; most Texans are
indifferent to judicial campaigns leaving the donating to interest groups, lawyers, and possible
litigants. Making the possibility for leniency and partiality in future cases where the donators could
expect a more favorable outcome in their cases in the judges court. Our book states that 86 percent
of judges believed that campaign support had some influences over judicial decisions. This would
mean that guilt and innocence could be bought with campaign money endangering our very way of
impartial decisions. ... Show more content on Helpwriting.net ...
In the case of merit elections a blue–ribbon committee of lawyers and nonprofessional people select
the names of the judges that go before the governor. This way allows for non–partisan selection
process. There is also the option that was recently proposed to "appoint–elect–retain" where the
governor would appoint the judge with a 2/3 confirmation vote from the state Senate so they would
not take office until the Senate met at it usually hearing time. After which time when they were up
for re–election they would then run for in a contested non–partisan

Judge Dee Research Paper
Judge Dee Celebrated Cases of Judge Dee is a translated Chinese mystery story of a judge who
investigates three murder cases. While he is solving the cases he sometimes used dreams, fortune
telling, and ghosts to help decided on the case. According to the preface, "The law permits the judge
to put the question to the defendant under torture, provided that there is sufficient proof of his guilt."
(Judge Dee, p. XVIII). When Judge Dee is in the process of solving the cases he uses torture to get a
confession out of all the suspects he interrogates. Since the Judge is using ghosts, dreams, and
fortune telling for ways to help him decide the case, it is possible that he will torture an innocent
person. A concern for the common people is that he ... Show more content on Helpwriting.net ...
Near the end of the book Judge Dee has finished getting the confessions out of three suspects, the
crime they committed recommends death as the punishment. So he gathered all the evidence and
submitted it to the Imperial Court. A couple weeks later in the book it says, "the prefect forwarded
the Imperial ratification of the capital punishments proposed for Shao Lee–huai, Hsu Deh–tai and
Mrs. Djou with only a few changes made by the Board of Punishments, on the recommendation of
the Metropolitan Court." (Judge Dee, p. 213). This shows that Judge Dee can not punish his suspects
however he wants. He has to prove the case and submit it to the Metropolitan Court if the
punishment is to be death. The higher courts have to approve the punishment and tell the judge how
the death penalty should be carried out. The police that works for the Judge have the ability to not
obey the Judge because they know that if they torture an innocent person that they will be punished
also. So the Judge also have to prove to the people that works for him that follow out his orders that
he is correct because they also risk the possibility of death and punishment if he is wrong. The
person that is accused also have the power to not be punished unjustly because Judge Dee can not
prove that someone is guilty unless the suspect confess to the

The Election Of Judges And Legislatures
Judges and legislators are elected the same way, through partisan elections. They as Democrats and
Republicans and are elected by the public, or popular vote– an act of voting by the electorate of a
country or area. Like almost everything in the world, there are advantages and disadvantages to the
choices we make, and the same goes for who we elect as judges. One of the advantages of electing
judges, especially being voted by the public, is that they make decisions that accommodate to the
people , which is a very democratic way to look at it, but it gets them elected by the people. Like the
presidential candidates, the people get to see the judges and vote on which one they believe will do
right for the people, and also like the presidential elections it is a popularity contest. The judges need
to appeal to the people, talk up a big game, make themselves known among the people. If the judges
do not do what the people see as right, the people will argue and fight it until what they want or
believe in then the people will not vote for them. A big disadvantage to the people selecting the
judges is that the judges will try to please the people, even if it does not coordinate with what the
law says.Our judges should be following the law, not the people, but that is how our world works
nowadays. Second,selecting judges makes them less independent, they have to campaign to get
elected and re elected, that requires them to have a lot of money.

Summary : ' The Toad Judge Said '
"What happened then?" asked the deer. "Then Timothy showed up." the squirrel said breaking down
into a sob. "He started shouting at me 'Got you' like some psychopath. Then he grabbed a stick and
started poking me, and hitting me on–top my head, laughing the whole time. I struggled and tried
the run away from him, but, the snare held tight to me." "I DIDN 'T MEAN IT!" shouted Timothy
from where he sat on the other side of the fire. "IF YOU DIDN 'T MEAN IT, THEN WHY DID
YOU GO GRAB THE CAN OF GAS THEN?" shouted the squirrel back at him. The jurors gasped
in horror. The toad judge said "Enough! I will have order in the court of the forest." Timothy 's
weasel lawyer looked up at him and said "I'm pretty sure you should shut–up now. Badgering the
witness won 't help your case." Timothy wiped his nose with the sleeve of his Halloween costume
and began to breathe heavily as he worked to choke back his tears. "Go on, Mr. Squirrel." the toad
judge said. "Well, after Timothy Barren got done belaboring me with the stick, he said to me 'I
know... I got something for your dumb ass.' and then he disappeared in the shed at the back of the
yard, only to reappear with the can of gas." The squirrel paused not wanting to go on with his
testimony. "Please, Mr. Squirrel." the deer prosecutor said. "Please, finish telling us what Timothy
Barren did to you." The squirrel began to cry, and with a weak voice he said "He poured the gas

Disadvantages Of Electing State Judges
There are advantages and disadvantages of electing state judges. The advantages of having an
election are that in our democratic system the American voters get a say in who will represent them
judicially in their state. This is an advantage that most voters don't take advantage of but for those
who do it is an important advantage. Another advantage is that it is simply an easier process. It's
much easier for a state to just add the judicial candidates to the ballot, when there is already an
election going on. So it certainly simplifies things in that regard. However there are many concerns
that come with the not just the election itself but with the campaign process for state judges. Such as
where is the money coming from for the campaign and ... Show more content on Helpwriting.net ...
The other issue, of where the money is coming from to support these campaigns is an important
question to address. Because state judges cant legally run a campaign like any other candidate. For
example that can't make campaign promises that could affect the outcome of certain cases as a state
judge. So a major disadvantage for electing state judges is the possibly that it could lead to political
bias and to unlawful decisions in state courts. An example of this happening was mentioned in the
judicial process book, a West Virginia oil company executive contributed 3 million dollars to the
election of Ben Benjamin. Once Judge Benjamin was elected he decided to overturn a judgment that
had been made against the oil company before his election. The Supreme Court ruled that this was
unconstitutional and that any extreme donations made for the election of a state judge is unlawful
because it could lead to political bias and threatens a fair trial. This shows the downfalls of this
election process. I think most states have chosen to keep this system because it's a much easier
process then the

Should Judges Be Appointed Essay
Judges should be elected so that citizens can have more direct control of who become judges.
One of the benefits of judges being appointed is that they are better able to interpret the law and
apply it without concern about the popularity of the decisions (Siegel, Schmalleger, and Worrall,
2017, p. 180). Additionally, the judicial appointments are made by several individuals/groups, such
as the president and the justice department (Siegel, Schmalleger, and Worrall, 2017, p. 173). There
are checks and balances to ensure that the judges appointed are really eligible for the role. A
disadvantage of judge appointments is the lack of check after the initial appointment, leading to less
accountability in comparison to election of judges (Siegel, Schmalleger, and Worrall, 2017, p. 181).
Another disadvantage is that if a ... Show more content on Helpwriting.net ...
180). Furthermore, some elected judges need to face the electorate to stay being judges so there is
much incentive to be highly accountable (Siegel, Schmalleger, and Worrall, 2017, p. 183). The
disadvantage of the election of judges is that they feel the need to make promises, such as being
harsh on crime, to win the election (Siegel, Schmalleger, and Worrall, 2017, p. 168). After being
judges, they then need to keep the promise and harsh promises may compromise justice because not
all defendants are guilty and even if some defendants are found guilty, the punishment should not be
too harsh. Judges do have discretion when it comes to sentencing. Moreover, the election of judges
can lead to corruption and/or biased decisions (Siegel, Schmalleger, and Worrall, 2017, p. 180). The
potential for corruption is especially concerning when considering that some groups or individuals
fund the campaigns for judges. Judges would feel obligated to decide in favor of the campaign

The Judge In The Adversary System
The role of the judge in the adversary system of trial, unlike the inquisitorial counterpart, has less
involvement in the establishment of facts and the analysis of evidence in cases brought before the
court. In the inquisitorial system of trial, the judge has a much more active role in relation to the
handling and evaluation of evidence, and where relevant, can actually cross examine and question
witnesses if they feel crucial evidence may have been missed. While the inquisitorial system of trial
has a seemingly more intrusive judge, having an added legal expert questioning and raising areas
where evidence may have been missed, is a significant improvement over a judge who may know
evidence has been missed but cannot intervene such is the

Judge Trady Irac
Q2 The second matter that you wanted me to comment on is one with regard to a judge of the
District Court by the name of Judge Tardy.
The concerns that are to be decided in this case involve:
– And the misconduct of the Judge and the head of the District Court
– The competencies of the Judicial Conduct Commissioner
– Confidentiality of the identity of complainant
Two allegations against Judge Trady were made, one by Mrs Defarge, it was made in a phone call,
and one is a rumours heard by you. In accordance to s12(4) of the Act, the complaint should be
made in writing by the complainant, however s12(7) confer you the power to act, specified as
follow: the commissioner may, on his or her own initiative, treat as a complaint any matters
concerning the conduct of a judicial officer and under s12(4) the Commissioner may determine to
deal with a series of complaints relating to a particular judicial officer as if they were a single
complaint , therefore you can handle the two allegations together. You should draft a letter to the
head of the jurisdiction ... Show more content on Helpwriting.net ...
Mrs Defarge requested to keep her identity confidential, s30 specified that no obligation to maintain
secrecy or other restriction on the disclosure of information applies for the purposes of a complaint
under this Act, except an obligation or restriction designed to keep the identity of an informant
secret. The Act explicitly protect the identity an informant secret, and Mrs Defarge is an

Essay On Texas Judges
In Texas, the Judicial Branch of government contains five different levels of judges; however each
distinct type adheres to different qualifications. The lowest level of judges, Justice of the Peace
courts, requirements include the completion of a 40 hour course pertaining to their responsibilities
within a year of their election, and to continue serving their 4 year term, each year the elected
Justice of the Peace official is to complete a similar 20 hour course. Next is the Municipal Courts,
whose requirements are set by the people of the city and term length is also 4 years. Succeeding is
County level courts which include Constitutional County Courts, Statutory County Court and
Probate Courts. For Constitutional County Courts, the term length is 4 years and the only
qualification is that the candidate be "well informed in the law of the state". ... Show more content
on Helpwriting.net ...
Qualifications for District Courts include being between the ages of 25 and 75, a United States
citizen, a resident of Texas, licensed to practice law in Texas, a resident of the given district for at
least 2 years prior to election, and have practiced law or served as a state judge for at least 4 years,
with a term length of 4 years. The final level of courts is the Appellate Courts which include the
Supreme Court, the Courts of Criminal Appeals and Courts of Appeals. To serve as a judge on any
of the appellate courts the candidate must be both a United States citizen and a resident of Texas,
between the ages of 35 and 75 years old, licensed to practice law in Texas and be a practicing lawyer
and or judge for at least 10 years, with a term length of 6

Judge Weinfeld Case Analysis
According to William E. Nelson's law review article, Judge Edward Weinfeld was an outstanding
District Judge because he used innovative ways to make new law. Judge Weinfeld thinks that the
right way to judge a bench trial is to use the facts of a case to find precedence, and try to avoid
creating new law because the laws on the books would suffice for all cases. Nelson argues that
Weinfeld did not make law based on policy, but rather from an impersonal source by showing
intuitive caution because a judge's task is not to resolve conflicts among social classes or interest
groups. Nelson also argues that Weinfeld applies a thorough legal analysis of both being the finder
of facts and finder of law. The overall analysis of this process has helped ... Show more content on
Helpwriting.net ...
He gathers the facts that intelligent design was not science, and the school board knowingly tries to
implement religion in Dover schools. In addition, he finds case law that governs these particular
facts. With this law, he then applies a test to determine if the school board violates the endorsement
test and the Lemon test. He rules the school board had violated both test, thus violating the
Establishment Clause of the First Amendment. Finally, Judge Jones disconnected his personal
feelings and affiliations from the case. Creationism and Intelligent Design are one in the same, and
that is what made the new law. There were no intentions on the judge part to create new law. His
intentions were to extend the reach of the law to bar the Intelligent Design movement from
implementing religion in public

Do Judges Make Laws?
Parliamentary sovereignty is the key stone in the British Constitution. If judges were to make law
then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts
power to review the validity of legislation, refer to British Railway Board v Pickin . The objective of
judges is to not make law but simply declare what the law had always been. Acts of Parliament are
the highest form of authority and the courts hands are tied by it. But through the doctrine of
precedent, the judicial function of declaring and applying the law has a 'quasi–legislative effect'.
The rules of precedent themselves are judge made, except where a statute has intervened.
Occasionally, judges have to decide on a case where there is ... Show more content on
Helpwriting.net ...
The House of Lords also laid down the guidelines for liability for nervous shock first. Refer to
Alcock v Chief Constable of South Yorkshire. It is also because of judicial decisions that new crimes
such as rape within a marriage are considered a crime today. Refer to R v R. Although parliament
has attempted to cover every aspect of the common law in statutory form, they still embody the
initial principles.
In 1966 the House of Lords announced that it would in future be prepared to depart from a former
decision by the House when it appeared right to do so . It is vital that the judges update the law
according to the society and values today. An example of this case of R v R where a man was
charged for raping his wife. This matter was brought up to the House of Lords, the judges pointed
out that the 'status of a married woman in our law have changed quite dramatically. A husband and
wife are now for all practical purposes equal partners in marriage.' They also highlighted that the
common law is 'capable of evolving in the light of changing social, economic and cultural
developments.' This implied that judges (House of Lords) can change the law only if it is a
necessity.
It would be impractical for judges to not make law in some situations as both parties in the case
would not want the judge to refuse to deal with the case and they would want the matter decided.
'Judicial decisions are important as a source of law on matters where the government is

Pros And Cons Of Judges In Texas
In Texas, we elect our judges through a partisan election. A partisan election is in which a party label
appears on the ballot. Only six states, including Texas, elect justices in a partisan race. Many critics
have claimed that a partisan election for judges have more negatives than positives. Due to their
affiliation with a party, they are not fair and biased. However in most cases, these judges are
consistent and accountable. Dating back to Andrew Jackson, Texas has used the long ballot in order
to create a democratic society. When the people appoint judges, it creates greater transparency
within the government. According to Professor DeBow of the Stanford School of Law, "This
democracy business can be a little messy at times,

Judges Over Criminalization
A tribunal where people accused of violating criminal law go to have their criminal responsibility
determined by juries and judges is known as a court. Courts main purpose is to find out the truth and
get justice. Courts main role is to interpret and apply the law. They sometimes uphold limitations on
the government. There are two court systems, which are state and federal courts. Prosecutors and
judges are two of the primary actors in the courts. Prosecutors, judges and over criminalization are
problematic to the criminal justice systems. Prosecutors represent the state and federal government,
but not the victim. Problems that arises for the prosecutors consist of discretion, plea bargain or
death penalty, and wrongful convictions. When ... Show more content on Helpwriting.net ...
Jurors can sometimes be easily influenced by the slightest gesture from the court. Whether it be a
nod of the head, a smile, a frown, or a spoken word. In a criminal jury trial, like all human beings,
judges develop certain beliefs about the defendant's guilt or innocence. Sometimes these beliefs
often conveyed as "self–fulfilling prophecies" are communicated by subtle, nonverbal behaviors that
influence the appearance of fairness and actual justice in the courtroom. Judges do all kinds of
things when they are presiding over trials that are not really good, and that could lead toward this
tendency of depriving individuals of fair trials because of their body language and what they are
communicating to jurors (Blanck,

Essay on Hamilton County Judges
June 20, 2011
Case Study #3
Case Problem: Hamilton County Judges
Three major court systems in Hamilton County were reviewed in depth, and case information from
the Common Pleas, Domestic Relations, and Municipal Courts were reviewed. This study compiles
information from 38 Judges who had a total of 182,908 cases presented to them over a three year
period. This study shows the number of cases that were disposed, appealed, and reversed. This study
is to aid in determining which judges have a greater proficiency trying cases and their verdicts stand
as rendered, rather than the verdicts being appealed or reversed. Each judges case load was reviewed
and the statistics were determined by how many cases have been appealed, reversed or a ... Show
0.142857 | Patrick Dinkelacker 0.003166 0.000667 0.210526 | Deborah Gaines 0.005455 0.001023
0.187500 | Ronald Panioto 0.002467 0.000231 0.093750 |
The probability of a case being appealed, per judge is: (P) indicating Probability
Municipal Court: (P) of Appeal per Judge (P) of Reversal per Judge (P) of Reversal given an
Appeal, per Judge Mike Allen | 0.006993 | 0.000651 | 0.093023 | Nadine Allen | 0.004352 | 0.000768
| 0.176471 | Timothy Black | 0.005155 | 0.000754 | 0.146341 | David Davis | 0.005558 | 0.000646 |
0.116279 | Leslie Isaiah Gaines | 0.006626 | 0.002461 | 0.371429 | Karla Grady | 0.001142 |
0.000000 | 0.000000 | Deidra Hair | 0.001975 | 0.000000 | 0.000000 | Dennis Helmick | 0.003671 |
0.000633 | 0.172414 | Timothy Hogan | 0.005633 | 0.000867 | 0.153846 | James Patrick Kenney |
0.002144 | 0.000357 | 0.166667 | Joseph Luebbers | 0.005321 | 0.001703 | 0.320000 | William
Mallory | 0.004591 | 0.001087 | 0.236842 | Melba Marsh | 0.004137 | 0.000852 | 0.205882 | Beth
Mattingly | 0.004376 | 0.000337 | 0.076923 | Albert Mestemaker | 0.005628 | 0.001809 | 0.321429 |
Mark Painter | 0.003126 | 0.001340 |

Federal Judge Qualifications
There are several qualifications in order for someone to become a State or federal Judge. However,
federal qualifications differ from those of the state. According to Neubauer and Fradella, for
someone to become a federal judge, he or she has to become appointed by the president with several
others (2014 pp.73). Next, it is up to the Senate to choose which nominee gets to become a federal
judge. Once they are appointed by the president and chosen by the senate, they are sent to one out of
four districts, which are Northern, Southern, Central, and Eastern. Federal judges are appointed to
life time at that position. In the other hand, to become a state judge they have to first, be appointed
by a governor. Basing information from Neubauer and Fradella next step is for the candidates to run
for elections (2014 pp.82). If he or she wants to continue as a judge for the same district, they have
to run for re–elections every 4 thru 8 years, depending on the state the judge is serving. ... Show
The specific purpose to why there are lifetime appointments is to maintain a solid base, when it
comes to court's decision making. Whit this, there are no dramatic changes in the U.S supreme
court. However, there are several politics that are associated with lifetime appointments but there is
one which outstand the most. The argument that outstands the most is, is the United States really
setting there most essential arguments to a set of judges whose age are higher than 75? It is idiotic to
set the nation's most important cases to judges that can make wrongful decisions because they are to
elderly and their brains don't function like they are supposed to. Supreme Court judges should be
appointed to 12 years' service. As a result, Judges will no longer be older than 75 and the Supreme
Court will still have a good solid base when it comes to decision

Political Influence On Judges
I do not believe that politics plays a role in a Judge's decision if that Judge is from the lower courts.
When you start looking at the judges of higher courts it does play a role in their decision, a small
roll, but a role none the less. We have collected data on thousands of sitting state and federal judges
in the United States for nearly twenty years using controlled experiments. We present judges with a
single hypothetical case so that large numbers of judges respond to the same situation. We have
collected this data for other purposes, but we commonly ask judges participating in our research to
identify their political orientation. This methodology enables us to examine how judges with
different political affiliations evaluate the same case. Because most of our studies involve trial
judges rather than appellate judges, we also ... Show more content on Helpwriting.net ...
We present results involving civil and criminal cases reviewed by over 2,200 judges, including
federal district judges, federal magistrate judges, federal bankruptcy judges, trial judges from nine
states, and judges from multiple states attending national conferences. Our results suggest that
politics has only a modest influence on trial judges. We find that politics has an impact on judges'
decisions in only a few of our hypothetical cases, but when we aggregate across scenarios (as
political scientists do in their research), we do find a pattern of political influence. Although we
conclude that political attitudes influence judges, the effect of political influence is sufficiently small
that trial judges likely do not notice it in their day–to–day decision making. (Jeffrey J. Rachlinski
Andrew J. Wistrich Chris Guthrie, 2017). In my opinion there is no way that a Judge can be
appointed without politics coming into play. The lower court's Judges are elected by the public.
They are part of the Democratic Party or the Republican

Judge Selection Process
The current president of The United States appoints the federal court system selection process for
judges, and official, offices are decided by the senate (Gaines & Miller, 2012). Contrary to the
federal judge selection process, they both assert that the state selection processes varies by different
forms such as: appointment by the governor then validated by higher chambers of the particular
states' legislation, partisan or nonpartisan elections, or even utilizing The Missouri Plan of the
integration of the appointment and election process; enabling the provision of additional opinions
expressed by voters. In like manner, Glick & Emmert (1987) state that selection of judges also
depend on: place of birth (have to be a United States citizen), ... Show more content on
Helpwriting.net ...
When a majority of the states favor one position over another; legislative actions and jury decisions
make up the core of what constitutes as a national consensus, obviously seen as the progression of
the death penalty no longer applied to specific cases (Matusiak et al., 2014). They further argue that
the death penalty has been extremely altered under the Eighth Amendment; juveniles, mentally ill
and handicapped persons are not subject to the death penalty. Now the death penalty is deemed as
cruel and unusual for individuals who fall under these categories, making the act unconstitutional
(Matusiak et al., 2014). Even now, the conditions of confinement are questioned in the courts (Caeti,
Hemmens ,Cullen, &Burton, 2003). Prison and jail overcrowding has increased; at some points in
time, have maxed out at higher than 100% capacity that the facility is designed to hold (Gufaston &
McCellan, 2012); causing prisoners to sue due to overcrowding and other issues they purpose as
unconstitutional Peak (2007). This trickle down affect consequently backlogs the courts system, and
the courts eventually mandate orders reducing the corrections population in effort to mitigate
overcrowding. This increases parole and

Judges Must Make Law
INTRODUCTION:
Parliament, the supreme law–making body, has an unrestricted legislative power, and the laws it
passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by
Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or
bad laws. However, evidence has shown that they have a tendency to deviate from their 'real roles'
and instead formulate laws on their own terms. Thus the real role of a judge in any legal system
continues to be a phenomenon questioned by many. We must consider whether they are
"authoritarian law–makers, or if their profession makes them mere declarers of the law" . In this
essay, I will argue the ways that judges do make law as well as ... Show more content on
Helpwriting.net ...
However, in Tremain v Pike it was held that the rare disease was not foreseeable and refused the
claim; the court held that you cannot foresee a rare disease. Evidently, both the decisions are
inconsistent with one another; "The judge consequently had greater freedom of justification in
applying the reasonable foresight test than he might otherwise have done" . Thus one may argue that
decisions are dependent on judicial styles, as opposed to precedent, which concurs with Hart's
perspective.
PRECEDENT:
One may argue that precedent restrains a judge in making decisions regarding the outcome of a case.
In its basic structure it means that any court is bound by the decision of a higher court in the judicial
hierarchy provided that the facts of the present case are similar to those of the previous case. Thus,
every court is bound by decisions made by the HL, and in their absence, those made by the CA.
Wendell Holmes Jnr stated, "the life of the Law has not been logic; it has been experience" . This
idea implies judges draw from past decisions in order to determine current cases. However, whilst it
can act as a tool for constraint, there are alternatives to following precedent which include
distinguishing, overruling, and reversing. Thus judges try to avoid compliance with precedent and
employ their own individual discretions.
Distinguishing a case on its facts is

The Best Kind Of Judge
Socrates once stated there were four qualities that belong to a judge and those were to hear
courteously, answer wisely, consider soberly, and to decide impartially. The highest legal court, the
Supreme Court has nine justices sworn to always provide the people who come before them with
good governance and equal justice under law. The best kind of judge is a qualified and qualitative
judge who renders to its community to sharpen a nation despite the complexity of the court's
procedures. A judge who reaches their policy conclusions based on the support given by the
administration can sometimes be the kind of a judge who may or may not be functioning properly as
the guardian and interpreter of the Constitution. In a selection of a nominee, six elements that are
vital to consider and are all top priorities are their political ideology, policy position, method of
constitutional interpretation, judicial temperament, the existence of a clear paper trail, and lastly the
diversity. All six elements contribute in selecting a judge that will help others have a better
understanding of all major aspects and decision–making of the Court. A judge is entitled just as a
citizen to have their own version of ideals, principles, and social movements that explain how they
see society would function best in accordance to the law. A judge can also offer a political
"blueprint" for how the law and its policies could be carried out by society. The difference between
what makes a "good" judge as

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