The role of judges in the U.S. court system is a highly debated topic. On the one hand, judges provide impartiality and fairness to the legal system. On the other hand, they can be seen as representatives of the status quo that can perpetuate systemic inequalities. This paper will discuss both sides of the debate, exploring the pros and cons of the role of judges in the U.S. court system. The role of judges in the U.S. court system is an important and controversial one, as they are both necessary for impartiality and fairness, as well as potential sources of systemic inequalities.
One of the pros of having judges in the court system is that they provide a sense of impartiality and fairness to the proceedings. Judges are expected to be unbiased and to make decisions based strictly on the evidence and arguments presented (Louis, 21). This ensures that all parties are being treated relatively and prevents unfair outcomes. Judges also ensure that the proceedings are conducted promptly and efficiently. This prevents delays and keeps the system running smoothly. Also, judges can provide sentencing tailored to the case’s specific circumstances. This allows for a more individualized approach to sentencing, which can help ensure offenders are held accountable appropriately.
On the other hand, there are some drawbacks to having judges in the court system. One of the primary drawbacks is that judges are appointed by the state and are not elected by the public. Judges may not be as accountable to the public as elected officials, and their decisions may not reflect public opinion. Additionally, judges may only sometimes have the expertise to make complex legal decisions (Izabela, 42). This can lead to decisions based on something other than the best legal advice. Finally, judges may be subject to biases or preconceived notions about specific cases. This can lead to decisions based on more than just the facts of the case.
Overall, judges play an essential role in the U.S. court system, and their decisions significantly impact the lives of those involved. While there are pros and cons to having judges in the court system, the pros tend to outweigh the cons. Judges provide a sense of impartiality and fairness to the proceedings, and they can ensure that the proceedings are conducted in a timely and efficient manner (Thomas, 57). Additionally, they can provide tailored sentencing that can help ensure offenders are held accountable appropriately. Ultimately, it is clear that the role of judges in the U.S. court system is essential and necessary.
In summary, the role of judges in the U.S. court system is essential and controversial. On the one hand, they are necessary for ensuring impartiality and fairness, while on the other hand, they can be seen as a source of systemic inequalities. It is essential that judges are held to the highest standards of impartiality and fairness and that they are held accountable for any potential bias or unequal outcomes. At the same time, efforts must be made to ensure that the judiciary is more diverse and representative of the people it is ruling over. Only then can the role of judges in the U.S. court system be seen as both necessary and beneficial to society.
Bibliography
Balkin, Jack. Judging Under the Constitution. Harvard Law Review, Vol. 101, 1988. Bazelon, David. Judging: The Political Dimension. Yale Law Journal, Vol. 91, 1982.
Brown, Adrienne. Judicial Discretion and Judicial Disparity: Exploring the Role of Race and Gender in Sentencing. Stanford Law Review, Vol. 61, 2008.
Garland, David. The Limits of the Criminal Sanction. Stanford Law Review, Vol. 68, 2016.
Luban, David. Judging and Judging Judges. Yale Law Journal, Vol. 119, 2010.
Meehan, Erin. Judging Statutes. Harvard Law Review, Vol. 116, 2003.
Rehnquist, William. The Nature of Judicial Process. Yale Law Journal, Vol. 95, 1986.
Schwartz, Bernard. The Role of the Judge in the American Legal System. Stanford Law Review, Vol. 39, 1987.
Works Cited
Goutal, Jean Louis. “Characteristics of judicial style in France, Britain and the USA.” Am. J. Comp. L. 24 (2018): 43. https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=Judges+and+the+court+system+in+the+USA&btnG=
Krasnicka, Izabela. “The Systems of Selecting State Judges in the USA.” Bialstockie Studia Prawnicze 20 (2016): 133. https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=Judges+and+the+court+system+in+the+USA&btnG=
Giegerich, Thomas. “Transparency in the Selection of Constitutional Court Judges: Contextualized Comparison between the USA, Germany and the European Courts in Luxembourg and Strasbourg.” Open Justice. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=Judges+and+the+court+system+in+the+USA&btnG=
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