Judiciary

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  • Created by: Cat91
  • Created on: 30-04-21 14:50

Judiciary

Advantages

  • They're experienced lawyers.
  • Legally obligated to be fair.
  • Often meet with praise for their interpretations of the law.
  • Overseeing what happens means less money/time is being spent on the courts.

Disadvantages

  • Some argue that they're too lenient with their sentencing whilst some say they're too harsh.
  • Biased as majority white middle class men.
  • Case hardened.

Evaluation

Judges have biases that have come across over time and stem from their demographic. The primary demographic is middle class white men, which can make it difficult for them to relate to other people outside of the demographic (for example women prosecuting against rapists or working class poc, which are the most likely people to go to court). Additionally, over time judges become case hardened. This means that they no longer sympathise with defendants because they are too bored of the cases that they've been examining for years. This can also lead to them brushing off details, or zoning out during explanations of things that they have heard before. If that happened, important facts could be missed that could lead to an unjust sentence. Their sentences are also controversial because some say that the sentences are too harsh whilst others argue that they're too lenient. This shows that public opinion is low with judges, and something that can lead to people having less trust in judges as a whole.On the other hand, judges do have some positive traits. Judges may spark controversy with their sentences, but are often praised for the way that they interpret the law. Judicial precedent is a way of making new laws, and the interpretation of these laws frequently show themselves to be what the public deems appropriate. Having the judges oversee the proceedings means that over all less money is spent. The judges can explain complicated legal matters to the jury then also provide the sentence, by combing the two jobs, the government is saving an additional wage for each court case that requires a jury. Judges are qualified to do this, because they are experienced lawyers. This experience with the law means that they can look more critically at cases and understand things that civilians cannot. Another advantage to judges is that they are legally obligated to be fair and just in their sentencing. Whilst they will have subconscious biases (particularly considering the primary demographic), they cannot be discriminatory without the government intervening.Overall, judges have some problems that they face when doing their job, but they're also a lot of good things that come with working with judges. I believe that judges are one of the better options for the legal system, but it would help if the hiring process encouraged more diversity.

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