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Essay Samples on Judge

Role of judges in common law and civil law systems.

Introduction The role of judges as deciders of disputes according to law is well known and relatively well understood. What is not clear is the role that judges have as law maker. If the outcome of a case is not dictated by binding precedent, then...

Judge Dee: The Ideal Yet Controversial Judge Figure

His Excellency, Judge Dee Goong An by modern standards is an unethical and immoral judicial figure. Judge Dee works as the district magistrate, detective, prosecutor, judge, and jury, a formidable task for any one man. His powers are vast, and some of the things he...

• Famous Person

The Retirement Laws and Reforms for Judges

In this essay I will be discussing whether or not the retirement age for judges should be raised to 75. A judge is an individual who is in charge of applying the laws that are made by Parliament, to each case that comes to court....

The Objectivity of Judge's Discretion and Decisions

Judicial precedent is where past judgements make law for judges to refer to as a tool for future legal matters. Controversial issues arise surrounding this principle because it can form disagreeable decisions and outcomes in matter of principle especially in attempts of law reform. Will...

The Assyrian Artistic Period In The Great Metropolitan Museum Of Art

The court was not open yet when I arrived. Milling around the doors, two separate groups of people waited. All were smartly dressed; the most informal was business casual, while the lawyers wore business formal attire. There were no blue jeans in sight. Ten minutes...

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The Reasons Why The Brett Kavanaugh Case Matters

Compelling testimony was given on both sides of the table to the Senate Nominating Committee this week. We heard from Dr. Ford and Judge Kavanaugh. They were both passionate about what they were saying. But, did President Trump save Kavanaugh by aggressively standing by his...

• Sexual Abuse

Best topics on Judge

1. Role Of Judges In Common Law And Civil Law Systems

2. Judge Dee: The Ideal Yet Controversial Judge Figure

3. The Retirement Laws and Reforms for Judges

4. The Objectivity of Judge’s Discretion and Decisions

5. The Assyrian Artistic Period In The Great Metropolitan Museum Of Art

6. The Reasons Why The Brett Kavanaugh Case Matters

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Judges in the United States Essay

Introduction, election against appointment, law and politics, works cited.

Judges in any judicial system have a political and a social role to play and this is not an exception in the United States judicial system. The mode of selecting and retaining of judges to their positions is a long-standing debate and this indicates that the role played by judges is central in a country’s political and social welfare.

For this and other reasons, judicial freedom is very important. Judicial freedom is not only important in ensuring that judges make fair and impartial decisions in their rulings but it also ensures that all their decisions are based on facts and laws.

As custodians and interpreters of the law, judges have always remained on the limelight, especially on matters that concerns whether they are subjects of the same law they are supposed to be the custodian. Many countries have embraced the rule of democracy and it has become a basic law.

If judges obey the laws of the country, then the rule of democracy, which advocates for the election of any member holding a position in the office of the state, should not be an exception for them. As a democratic country, it is better for U.S. judges to hold their position through election instead of directly appointment.

Election of judges is however not the norm and the question of whether judges should be elected has remained a contentious issue due to the nature of their positions (Streb 32). In the United States, judges of the federal court receive appointments as opposed to elections, which is a contrast with most of the states such as California high court judges where they hold elections. ”most states moved from an appointive to an elective system for judges in the mid-nineteenth century” (Gaines and Miller 259).

Various questions are of great interest in the whole process of electing instead of appointing judges. The issue of accountability, democracy, political interference in judicial matters, and legitimacy of the judicial ruling are some of the major questions that are of great concern. However, the bottom line remains that elected judges are better than appointed judges are.

Judges are not only supposed to be interpreters and custodians of law, but they are also supposed to demonstrate the keeping of law by setting good examples. For this reason, the election of judges becomes appropriate since it makes the whole process democratic, and it enhances the accountability of judges. The issue of accountability is, therefore, the main reason why there should be an election of judges. As stated by Streb (34) “the state questioned the appointment process because it limited the accountability of judges to people.”

The main reason therefore for voters electing judges instead of appointment by the governors is because the judges need to be accountable to the people of these states more than the governor is. Again, on this issue, voters do not elect judges due to lack of the capacity by the state governors but it is due to the accountability required.

The issue of transparency has also remained a major concern in the process of selecting judges and for this reason; it is obvious that the election of judges is more transparent than through appointment. To begin with, the election process is competitive and therefore this process easily reveals the nature of the candidates to the voters. Unlike the appointment process, the election process is open to scrutiny by state members and this increases transparency.

The issue of conflict of interest in judicial matters has always remained a point of major concern. If state members elect judges to their positions, then the issue of conflict of interest will be highly minimized. The process of appointment of judges is likely to be corrupt than the election of judges. Due to the lack of transparency in the later cases, corruption may go on unnoticed.

In most cases, the appointment of a judge to a position will depend on their relationship with the appointing officers and not on their competence. In some notorious cases, there are bribes to influence one’s way into the appointment process.

Politics has always had a role to play in judicial matters and this is the reason why judges are inherently political. “Judges are servants of the political process” (Manning 108). This is, however, a contradiction since judges are supposed to ensure equality in justice and they have an obligation to the constitution of the land.

This, however, is not what happens in our judicial system. “The function of law is to keep those who hold power, in power” (Manning 108). This is the real picture of what happens in our American courts and although the path taken by our judicial system is not the best, much need to done to streamline the process.

The fact that our judges are subject to political wave goes a long way in interfering with the law of the land and therefore law too becomes a subject to political interpretation. Manning (109) emphasized on this point by stating that “the political waters in which judges swim affect their conduct and rulings.” Rulings and conduct of judges are what constitutes the interpretation of the law.

Gaines, Larry and Miller, Roger. Criminal Justice in Action . Belmont: Cengage Learning, 2008. Print.

Manning, Sherman. From The Palace to Prison: And Back To the Palace? American .New York: Dream Online Books. 2005. Print.

Streb, Matthew. Rethinking American Electoral Democracy and Representation. New York: Taylor &Francis group, 2011. Print.

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Judgment writing.

Guidance on judgment writing..

The following resources are guidance materials only. There will inevitably be times in which what follows will not apply to your writing and it will be perfectly acceptable to write in the way best suited to developing reasons in the circumstances of the specific case.

Judgment Writing Guide

Some judgment writing essentials..

Those who prefer it can also download a text only version of the Judgment writing guide .

Style guides.

These guides are an indispensable aid for anyone who prepares legal documents.  They provide detailed, authoritative advice on grammar, style, punctuation, capitalisation, spelling, footnotes, and citations.

• Bryan Garner, The Redbook: A Manual on Legal Style
• William Strunk Jr and E.B. White, The Elements of Style  

Judicial and academic commentary on judgment writing.

Senior judicial officers and academics present their thoughts on judgment writing.

Judgment Writing – Justice Roslyn Atkinson AO.

Seven steps to clearer judgment writing., applying reason to reasons - start, middle and the end., some thoughts on writing judgments in, and for, contemporary australia., judicial decisions: crafting clear reasons., the architecture of argument., plain english., why can’t lawyers write like katherine mansfield, who are judges writing for, adequate, sufficient and excessive reasons., recommended reading..

• Justice Max Barrett, The Art and Craft of Judgment Writing: A Primer for Common Law Judges
• Justice Max Barrett, Great Legal Writing: Lessons from Literature
• Edward Berry, Writing Reasons: A Handbook for Judges
• Bryan Garner, Legal Writing in Plain English: A Text with Exercises
• Richard C. Wydick, Plain English for Lawyers

Essays on Judge