Exam 9: The Judiciary: Independence Vs Accountability

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Since proposals to establish unified court systems were first proposed, most states have now restructured their court systems to create a substantially unified court system.

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In most states where judges are elected, judges can accept campaign contributions from plaintiffs, defendants, their lawyers, and political action committees.

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Personal values, attitudes, and characteristics of state judges can affect their decisions. Provide an illustration of how these might affect a judge's decision. What is the implication for our court system in terms of both objectivity and fairness?

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Personal values, attitudes, and characteristics of state judges can certainly affect their decisions. For example, a judge who strongly values individual freedom and privacy may be more inclined to rule in favor of defendants in cases involving search and seizure issues. On the other hand, a judge who prioritizes law and order may be more likely to rule in favor of law enforcement in the same type of case.

The implication for our court system in terms of both objectivity and fairness is significant. If judges allow their personal values and attitudes to heavily influence their decisions, it can lead to biased rulings and a lack of consistency in the application of the law. This can erode public trust in the judicial system and undermine the principle of equal justice under the law.

To mitigate these potential issues, it is crucial for judges to strive for objectivity and fairness in their decision-making. This may involve being aware of their own biases, seeking diverse perspectives, and adhering to legal precedent and established principles of justice. Additionally, ongoing education and training on ethics and impartiality can help judges make decisions that are based on the law rather than personal beliefs. Ultimately, the goal is to ensure that the court system upholds the principles of objectivity and fairness, regardless of the personal values and attitudes of individual judges.

Original jurisdiction courts have the

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​ Where judges are elected by popular elections, as well as in merit systems, voters are the ones who hold judges accountable for their decisions.

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A judges personal characteristics, such as party identification, political ideology, prior careers, religion, age and sex are important aspects of judicial decision making because

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State courts resolve disputes and administer justice by interpreting

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The national economic collapse of 2008-2011 was a boon to state courts, as states had to increase their budgets to handle bankruptcy and other cases.

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Merit-selection plans, in practice, are

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States cannot extend civil liberties or civil rights beyond those specified in the U.S. Constitution.

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Tort reform refers to the policy goal of reducing

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If you were arrested for a major traffic violation, and then negotiate with the prosecutor to plead guilty to a minor traffic offense, you have engaged in

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Court caseloads continue to mount at the same time budget cuts have forced staff reductions. What have courts done over the past twenty years to streamline operations, utilize technology, and consolidate operations to conduct business?

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The concept of judicial activism refers to judges making public policy through decisions that overturn existing law or effectively make new laws.

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In at least two states, local newspapers publish the names of local residents that have been called for jury duty but did not show up.

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The use of nonpartisan election of judges won favor as a means of

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Judges on one or more courts face elections in thirty-eight states.

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A judge's party identification, political ideology, prior careers, religion, age, and sex (the judge's personal characteristics)often predispose a judge to decide cases in certain ways.

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Heavy caseloads in state court systems

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Because courts only interpret the law, they are not involved in policy making.

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