Should judges be removed from bench / pressured to resign for unpopular decision

Started by Martinus, June 08, 2016, 04:28:18 AM

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Should judges be removed from bench / pressured to resign for unpopular decisions?

Yes (I'm an American)
2 (6.9%)
Yes (I'm an European or Canadian)
1 (3.4%)
Yes (I'm ROTW)
0 (0%)
No (I'm an American)
9 (31%)
No (I'm an European or Canadian)
16 (55.2%)
No (I'm ROTW)
1 (3.4%)

Total Members Voted: 28

The Minsky Moment

The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

The Minsky Moment

The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Berkut

I like Poland's system better than our own.

Kind of amazed to be saying that about, well, anything. :P
"If you think this has a happy ending, then you haven't been paying attention."

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LaCroix

re: appointed or elected judges, I don't think there's much difference overall. they're different systems, but both have the same result: some judges are shitty, some are good. a person navigates through his respective system to get either appointed or elected, and then he does his job in whatever capacity. this debate been discussed on languish before, and I don't think there's evidence that conclusively shows either system is better

Jaron

Judge recall is a safety mechanism against judges that aren't doing right by the people. It gives the people a voice in a system otherwise controlled by elites.

The people in this case are not electing a judge. They are simply not retaining him.

It isn't a popularity contest. And those that stand as arbiter over law and order should have the confidence of the people they serve.

I am good with judges being appointed but if they are residing over criminal justice cases and the people feel justice isn't being served they should have an option to pull the plug. Unlike appeals, it gives people recourse outside of the courts and helps ensure judges don't end up in someones pocket.
Winner of THE grumbler point.

Martinus

Quote from: Berkut on June 08, 2016, 11:38:23 AM
I like Poland's system better than our own.

Kind of amazed to be saying that about, well, anything. :P
:lol:

DontSayBanana

Quote from: Jaron on June 08, 2016, 11:50:21 AM
Judge recall is a safety mechanism against judges that aren't doing right by the people. It gives the people a voice in a system otherwise controlled by elites.

The people in this case are not electing a judge. They are simply not retaining him.

It isn't a popularity contest. And those that stand as arbiter over law and order should have the confidence of the people they serve.

I am good with judges being appointed but if they are residing over criminal justice cases and the people feel justice isn't being served they should have an option to pull the plug. Unlike appeals, it gives people recourse outside of the courts and helps ensure judges don't end up in someones pocket.

Except that we have judges and justices precisely because "the people" are often not the best judges (pun totally intended) of whether or not justice is being served.
Experience bij!

Jaron

Quote from: DontSayBanana on June 08, 2016, 11:04:49 PM
Quote from: Jaron on June 08, 2016, 11:50:21 AM
Judge recall is a safety mechanism against judges that aren't doing right by the people. It gives the people a voice in a system otherwise controlled by elites.

The people in this case are not electing a judge. They are simply not retaining him.

It isn't a popularity contest. And those that stand as arbiter over law and order should have the confidence of the people they serve.

I am good with judges being appointed but if they are residing over criminal justice cases and the people feel justice isn't being served they should have an option to pull the plug. Unlike appeals, it gives people recourse outside of the courts and helps ensure judges don't end up in someones pocket.

Except that we have judges and justices precisely because "the people" are often not the best judges (pun totally intended) of whether or not justice is being served.

I disagree. We have juries for many trials. Judges oversee the case and decide sentencing. If people are competent enough, with vetting, to decide guilt or innocence in legal matters then it isn't a stretch to say that if a judge is widely seen as not giving fair sentences they can be recalled. It isn't like we're talking about them electing in a popular judge in his place. The new judge would still be appointed, but he has to have the faith of the people he serves.

People with money and power can use their influence to affect judges. This is a good counter measure to make sure the people can remove a judge they have no faith in. We elect district attorneys and we can vote on whether or not to retain judges. It gives judges an incentive to be fair and do their jobs according to the law. Otherwise its just a life time appointment and the judge can be as corrupt as they want to be unless they're impeached -- and if those people are disinterested or corrupt then the people would have no recourse at all.
Winner of THE grumbler point.

Admiral Yi

A judge can't be "as corrupt as he wants to."  Bribery laws apply to them to.

Capetan Mihali

I'm proud to have met the only Tennessee Supreme Court justice ever recalled in recent history (or possibly ever).  She was the newest member of the Court and voted with the slim majority in a 3-2 decision preventing the execution of a mentally-retarded man as unconstitutional.  This outraged the death-hungry populace and a recall campaign was mounted against her successfully.
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Martinus


garbon

Quote from: Martinus on June 09, 2016, 04:58:18 AM
So, who are the two Americans who voted yes? Jaron and garbon?

I don't vote in your ridiculous shenanigans. You want to discuss California's recall system, have at it. You want to condemn California's system via a straw poll without evening mentioning what has you fired up? Pass.
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