Judicial Decision Making
“Influences on Judicial Decision Making” In great detail, Please respond to the following:
- Attorney Joe Smith has established regular interactions with many of the local judges in the town where his practice is located and has built professional relationships with them. Discuss at least two (2) advantages that Joe’s professional relationships would afford him if he wants to postpone a case until a more favorable judge is available. Provide a rationale for your response.
- Given the discussion on legal subcultures in Chapter 12 of the text, identify at least two (2) of the relative strengths and weaknesses found in legal subcultures. Describe the primary reasons why you believe your chosen attributes aid in the decision-making process of court systems. Provide a rationale for your response.
Note: Chapter’s 12 reading section is in attachments.
Part 2: Briefly respond to a peer’s post:
Peer’s Post: “Hi Classmate and prof.
A judge’s decision-making is influence by localisms, organization affiliation, and spiritual beliefs. Localisms controls some judge’s choices as a result of they’ll have mature up with robust traditions with historical ties. Others could have mature up poor, and that they wish to grant back to their community, or the region of their courts. they’re radio-controlled by their organization affiliation as a result of some return from socially outstanding families of public service and visited prestigious law colleges. Others could have robust political theories on economic, criminal, or civil liberty problems. Sometimes, faith can have an effect on a judge’s angle, however, will not have an effect on their job performance as a result of they have to rule on i feel these influences area unit most influential to the method as a result of consistency, fairness, and responsibility is everything once individuals area unit seeking justice. There ought to be a balance to protect the mental health of the legal proceedings to avoid typically stirring sick feelings from the public’s reception. 2 benefits Joe has suspended a case until a lot of favorable choose is out there as a result of Joe has established an excellent name and respect for operating onerous at intervals the court and he is aware of the choices are going to be a lot of favorable or lenient towards his shopper.
A legal social group could be a combination of rules and practices that aid in decision-making hotels in a court setting. it’s the basis of a higher cognitive process in a very court setting. it’s a basis of higher cognitive process that focuses on; 1) the character of legal reasoning, 2) adherence to precedence, and 3) constraints unproved choose higher cognitive process. The legal social group sets a pattern of legal reasoning by checking on the similarity of 2 cases and introducing the rule of law in each case. For adherence to precedence, the philosophical system of stare decisions is employed creating the choice to create a choice supported precedence. Are setting constraints unproved to choose higher cognitive process answers queries such as; is there a case of difference or have all the remedies been exhausted?. The perform is to take advantage of consultative opinions to make sure correct case standing. The legal social group has its strengths and weaknesses too. First, the advantage is that it utilizes all remedies and consultation’s opinions to create choices. Second, it employs the rule of law in creating judgment’s. The weaknesses embody the utilization of precedence to create choices creating it polemically. correct consultation and the rule of law aid in creating credible rulings and deciding victimization stare decisions raises several queries and so polemical.
Strayer Univeristy SOC205 Society Law Gov
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