1. The Supreme Court decisions in a case affect significantly the entire country’s legal system. Therefore, models of judicial decision making were created to explain the Supreme Court’s behavior and how they influence policies. While the legal, attitudinal and the strategic model are not the only theories of judicial decision making, those constitute the most prevalent hypotheses to explain judicial decisions.…
1) Legal 2) Attitudinal 3) Strategic With the vague words of the constitution and these 3 models this is how the Supreme Court justices are to make decisions. 1) The legal aspect of the decision-making is strictly based on the facts, laws & precedent.…
Far from embracing an “epistemic” confusion (category mistake?), the Missouri Supreme Court simply recognized in Jackson what many courts have long known: a jury’s disbelief of evidence can itself be evidence. “Where an unresolved factual dispute exists” – which is the norm in criminal trials – “demeanor evidence is a significant factor in adjudging credibility. And questions of credibility, of course, are basic to resolution of conflicts in testimony. ”13 As Judge Learned Hand observed, “the carriage, behavior, bearing, manner and appearance of a witness – in short, his ‘demeanor’ – is a part of the evidence. ”14 Demeanor “evidence may satisfy the tribunal, not only that the witness’ testimony is not true, but that the truth is the opposite of his story; for the denial of one, who has a motive to deny, may be uttered with such hesitation, discomfort, arrogance or defiance, as to give assurance that he is fabricating, and that, if he is, there is no alternative but to assume the truth of what he denies.…
The two readings I decided to examine are; Online Freedom Will Depend on Deeper Forms of Web Literacy, by Navneet Alang and Justice and Journalism, by Victor Chen. Both of which assess the affects that the media or technology has had on society. Each author in their own unique way has convinced me that their topics are both concerning matters. Alang and Chen both use reasonable and valid facts or evidence that support their point of view, Chen incorporated a study done by J. Roberts and A. Doob, while Alang used a personal experience to relate to readers. Firstly, Alang and Chen included facts to support their opinion and point of view throughout each piece of writing.…
General Difference Between Successful and Unsuccessful Mental Disorder Defense Despite many characteristics mentioned in the above, the fact that most individuals found NCRMD have had previous contact with the psychiatric system or history records with the criminal justice system are very interesting to acknowledge. When compared with individuals with successful the NCRMD defense and unsuccessful NCRMD defense, individuals with NCRMD found more involvement with the psychiatric previously(Gullets, 2016). It suggests that the offenders who have been diagnosed with a mental disorder in the past have more possibility of successful NCRMD defense compared to others with no previous records with the psychiatrist. In another words, the previous records…
In the article, Jury Bias: Can You Argue the Facts When Race Enters the Mix, the author Silvia L. Mazzula tells us the truth that sometimes decisions from jurors are based on more than just facts. They are likely to be influenced by race, even though they don’t really notice that. The author firstly puts forward some public’s controversy about this kind of unfairness. The whole article is based on a study, in this study, we can see the jury bias does exist. Since we notice that situation, we need to try our best to improve racism through effective ways.…
Trust in the justice system revolves around the idea that courts uphold our laws, convict the guilty, and protect the innocent. When the people running the court, are more corrupt than the people being tried, what becomes of the court? This question comes to mind while viewing the documentary The Thin Blue Line. This film successfully argues that a man was wrongly convicted for killing a police officer by a corrupt justice system in Dallas County, Texas. It presents the evidence the police used, who were under extreme pressure to clear the case, in order to build on a point that the circumstantial evidence was very flimsy.…
Well, I am not sure what the "official" definition of how bias essays compared to persuasive essays but I have my own definition that I think holds to be quite true overall. Bias writing is where the writer solely focuses upon the narrative that they desire but omit to mention any potential downsides to whatever their viewpoint. A persuasive essay, while written from a certain perspective on an issue or topic, will address such potential causes of concerns about the topic. While the differences may seem small but in actuality, they are quite different since one fully ignores the potential faults in order to push an idea while the other addresses them as valid and gives a response to such concerns.…
Judges are unable to place their personal judgment, or evaluate a court case based on their own beliefs. In order to prevent bias from affecting the case's outcome, judges follow a two step process when making a decision. Firstly, they examine the facts of the case in order to have the right information to compare it to the previous ruling in similar court cases, and research what judges said in the past. This process is known as locating the precedent. Secondly, by evaluating the constitutional basis of the previous rulings, they follow the doctrine of stare decisis, follow to the same argument of the previous court cases and "let the decision stand" by keeping the same ruling in earlier cases or overturn the previous ruling if it is deemed…
Confirmation bias uses facts and knowledge that may or may not be true if it solidifies an argument. The flaw to reason is that humans will not change their beliefs if there is other information that corresponds to believed falsehoods. Kolbert mentions a study conducted by Stanford that examines how students react to any evidence, true or false, regarding capital punishment. The outcome shows that students who were in support of the death penalty were only more in favor of it after looking at evidence and the same goes for people who were against the death penalty. Their beliefs only became stronger (Kolbert).…
| |Many judges believe jurors usually return the right verdict, very few|Easily influenced by impressive barristers, or the judge.…
Issues Relating to Racial Profiling in Law Enforcement Law enforcement officers often use the term profiling, which refers to a practice of describing individual behavior (positive or negative) and/or certain personal characteristics. At some point in time, the term profiling has evolved from its original specific intent and shifted from an individual’s actions to the individual’s race, ethnicity or national origin of an individual. Many individuals have seen law enforcement officers from interstate highways to airports describe an individual criminal behavior based on race. In the United States, racial profiling has been used as a way to stereotype an individual or groups solely on race and/or even on the person’s negative behavior still…
Confirmation Bias is the tendency to understand that the new information confirms your current beliefs or views. Also, Confirmation Bias is when people seek new evidence or remember…
Every human being has the ability to decide what they believe and what they do not. At a very early age, we develop judgement that allows us to choose whether or not to accept certain claims. These assertions may be tempting, but our reasoning allows us to critically analyze the information with respect to all of our previous knowledge. These claims may be faith based, fact-based, or opinion. Without recognizing it, we take every bit of information we gather, analyze it, and decide whether we accept its validity.…
America’s judges have a special obligation and duty. To be able to perform their job without letting their personal opinions affect their decision making. They are required to base their rulings on the facts presented to them in the hearing pertaining to the case, not around what they have decided is best for them in their personal lives. A judge must be able to be unbiased, knowledgeable on laws and statute and know how to properly apply law to circumstance. Just must live by the Canons, not only professionally but personally as well.…