How Do Judges Decide
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How Do Judges Decide
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Author : Cassia Spohn
language : en
Publisher: SAGE
Release Date : 2002-01-28
How Do Judges Decide written by Cassia Spohn and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-28 with Law categories.
The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.
How Do Judges Decide
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Author : Cassia Spohn
language : en
Publisher: SAGE
Release Date : 2009
How Do Judges Decide written by Cassia Spohn and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.
Good Judgment
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Author : Robert J. Sharpe
language : en
Publisher: University of Toronto Press
Release Date : 2018-10-11
Good Judgment written by Robert J. Sharpe and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-11 with Law categories.
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
The Supreme Court In The American Legal System
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Author : Jeffrey A. Segal
language : en
Publisher: Cambridge University Press
Release Date : 2005-08
The Supreme Court In The American Legal System written by Jeffrey A. Segal and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08 with Law categories.
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Reading Writing And Analysing Judgments
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Author : Andrew Goodman
language : en
Publisher: Emis Professional Pub
Release Date : 2006-01-01
Reading Writing And Analysing Judgments written by Andrew Goodman and has been published by Emis Professional Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: . The nature of judgment . How to read a judgment . The use of language in judicial opinion . Argument and legal logic . Fair criticism . Writing judgments . How judges decide . The appellate judgment . Problems with law reporting . Judicial style It will assist vocational and research students alike - as well as fascinate those interested more general in the law and judicial process.
How Judges Think
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2010-05-01
How Judges Think written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-01 with Law categories.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Settled Versus Right
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Author : Randy J. Kozel
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-06
Settled Versus Right written by Randy J. Kozel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with Law categories.
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Sentencing Bench Book
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Author : Judicial Commission of New South Wales
language : en
Publisher:
Release Date : 2006
Sentencing Bench Book written by Judicial Commission of New South Wales and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Sentences (Criminal procedure) categories.
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Enhancing Justice
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Author : Sarah E. Redfield
language : en
Publisher: American Bar Association
Release Date : 2017
Enhancing Justice written by Sarah E. Redfield and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."