The person to be appointed as a high court judge must be an ‘Indian citizen’, See page 455, Benjamin Franklin, An American Life by Walter Isaacson. It was considered that, while judges should be appointed on merit, if we are to have a judiciary that has the confidence of citizens, it must fairly reflect all sections of society that are in a position to provide candidates of the requisite ability. The question is timely since the seats of three of the four Circuit Court Judges here are up for grabs in the upcoming elections– Judges Mark Jones, Tegan Slaton and Luis Garcia. [7] Americans should not have to fear “judge-made laws” as a reality of life. Should judges be elected or appointed? Discrimination in the court room is in theory prohibited however in practice it is very much visible. Disclaimer: This work has been submitted by a student. Judges should not be elected to serve on the bench because it politicizes criminal and civil law enforcement. It is easy to stick to the common stereotype and say how do we know that white upper class judges won’t discretely discriminate against ethnic minority criminal? After appointment judges should stand for a retention election 3 to 4 years after the apppointment They serve four-year terms. Some people claim that Supreme Courts' members should be appointed by parliaments or ruling parties. Other possible arguments for and against: Judges who believe they have been chosen based on their characteristics may feel undermined and like they havent been appointed for the correct reasons. Supreme and appellate judges serve 10 -year terms, and circuit judges serve six-year terms (3). Appointments are a more efficient mechanism for selecting judges than elections. Although the economic issue was and still is major, it may have had little impact on those who are generally made judges. Most of the time, judges are appointed for their entire life and are appointed by the President. Targeting effects may give ... some cultural and methodological issues". Discuss. These people ... identity increasingly derived from consumption rather than issues associated with production, such as occupation. ... by the criminal justice system. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. (Find a price that suits your requirements), * Save 10% on First Order, discount promo code "096K2". Criminals decisions ... ... lower social class backgrounds are significantly ... make own decisions about tasks. People in a democracy have a right to elect their own judges. ... For this reason relatability must be present in a judge and they can not be too isolated from the general public of the nation. Female judges can bring experiences to the panel which males cannot, for example in cases regarding motherhood, pregnancy and more sensitive topics such as rape. To safeguard neutrality on the bench, states should move from electing to appointing judges – specifically, through nonpartisan commissions that select judges based on merit. For example, in 2008 the credit crunch hit the Uk causing low consumer confidence and a general depression across the country and indeed a lack of hope for the future. For the purpose of this essay, I shall be arguing that judges should be appointed based mostly on life experience and relativity. Judges are appointed in Canada. Judges who are appointed are more likely to be highly qualified than elected judges. Jones and Slaton have announced challengers. These include the federal trial courts, appellate courts, and the Supreme Court. It is impossible for a person to change their background or indeed to have a multiple backgrounds, therefore creating a huge difficulty in this argument. However, we cannot implement increased diversity overnight. because it ... ... the same working background, ethnicity and heritage ... wrote the majority decision regarding Roe ... innocent of the Criminal Justice 7 ... Nixon went to appoint a new ... one type of person may actually ... either a judge or a ... said every issue was dissected ... ... N. (Find a price that suits your requirements). The second method is known as “retention elections,” in which the executive will appoint a judge to the bench, and then afte… Free Samples and Examples of Essays, Homeworks and any Papers, Filed Under: Essays Tagged With: Sociology. Secondly, a judge must be open minded. These are people such as judges, accountants, lawyers, dentists, doctors. Supreme Court Justices are appointed for life there for, each nomination to the Supreme Court has a long-lasting influence on the Courts decisions. COURT JUSTICES SHOULD BE ELECTED BY THE PEOPLE The United States Supreme Court Justices have been appointed by the president, with consent from the Senate, since the ratification of the constitution. Supreme Court Justices are appointed for life there for, each nomination to the Supreme Court has a long-lasting influence on the Courts decisions. Judges should not be elected to serve on the bench because it politicizes criminal and civil law enforcement. Studies have shown that decisions made in court are dependent upon the experiences and backgrounds of both the jury members and of the judge. Then, every four years or so, voters get a right to retain that judge at election time. The first is the appointment method, in which the executive of the state nominates an individual to become a judge, and (usually) the state senate must confirm the nominee before he or she takes office. Currently, there are no black high court judges however the black population in prison is for ever growing. When making this decision, a judge must be aware of the huge impact the duration of a sentencing can have on an individual as this is a life changing experience for not only the criminal but their family too. Criminal ... jury or judge must address each issue as they ... of their health, background, etc. As seen in the previous examples, Supreme Court judges are usually appointed, normally by political figures, sometimes with the advice of judicial peers. ‘The judges of Supreme Court and high court are appointed by the President on the recommendations made by National Judicial Appointments Commission.’ Clause 2 of Article 124 and clause 1 of article 217 of constitution on India provides the power to President to make such appointments. ... decisions relate to policies that cut across sectors and affect the overall development process. How Should Judges Be Appointed? Essay Sample: Under Article II of the Constitution, the President has the power, with the advice and consent of the Senate, to appoint Judges of the Supreme Court. Firstly, a judge must be empathetic. In ideal world, decisions would be made without bias however this is unrealistic and will probably be an idea that will never come into existence. In Massachusetts, for example, where I previously attended college, all judges are appointed by the governor. How can one truly measure a persons prejudice or bias? So for instance when the issue came about of a single mum trying to commit ford, it would be almost immoral to look at the criminal as a vandal simply trying to cheat an insurance company. Part 3 sets out the procedure: Judges (strictly known as “justices”, save for the President and Deputy President) are appointed by the Queen and recommended by the Prime Minister. I dont really know what the LNAT is, how can I prep for it? One to one online tution can be a great way to brush up on your LNAT knowledge. Here you can order a professional work. All associate circuit judges, approximately 40 per cent of the judges in Illinois, are appointed (3). It is far better for the chief executive (governor, mayor or county executive) to nominate judges from a list of lawyers vetted for their professional qualifications and judicial temperament. You must cite our web site as your source. The word collegium is not mentioned in the constitution and was proposed by the Supreme Court in two judges case. That being said it would be unreasonable to assume that different classes in society cannot relate to each other nor that criminals are always of working class. This is the method followed by the federal government (as mandated by the United States Constitution), and by eleven states. Have a Free Meeting with one of our hand picked tutors from the UK’s top universities. Female judges can bring experiences to the panel which males cannot, for example in cases regarding motherhood, pregnancy and more sensitive topics such as rape. How I would approach this essay topic: How should judges be appointed? The Judges at the ceremony. ELIGIBILITY. How Should Judges Be Appointed? The high court judges are appointed by the President on the advice of Chief Justice of India (who is the head of the judiciary of India and the supreme court of India), the Governor of the state at a time, and also the Chief Justice of the designated court.. Appointed judges are appointed for life, so it is possible that their decisions are not based on getting reelected. However the matter of the fact is, the majority are and it is in most cases rather difficult to relate. Judges should be appointed using a judicial selection commission that evaluates and recommends individuals to the governor for appointment. Once in … Therefore, in the future we should aim to widen the pool of applicants for appointments to the judiciary, particularly those from disadvantaged areas and encourage young people of different ethnicities and religions to consider a career in law. Under Article II of the Constitution, the President has the power, with the advice and consent of the Senate, to appoint Judges of the Supreme Court. In the federal system, the judges are recommended FIRST by local people who are well connected and part of the power structure in that community, including big time donors. Elected, appointed, or by some other procedure? This is not the case and therefore it would seem that in reality the only way to appoint judges is indeed based on their education and it cannot be helped if graduates from well-respected institutions are rarely from an ethnic minority. The judges for these courts are nominated by the President and confirmed by Congress. International Journal of Educational ... ... person are what make them a criminal. The government’s role is limited to getting an inquiry conducted by the Intelligence Bureau (IB) if a lawyer is to be elevated as a judge in a High Court or the Supreme Court. Firstly, a judge must be empathetic. In the Supreme Court itself, the most of the judges serve for decades, yet there are times when the judge is too old and weak to serve their best in court.
2020 how should judges be appointed