Several studies have shown that judges tend to impose more punitive sentences when facing re-election
,” warned Alexis de Tocqueville in 1835, judicial elections “will have dire results”. One day, he continued, “it will be perceived that by so diminishing the independence of the magistrates, not only has judicial power been attacked, but the democratic republic itself”. His warning was not heeded: most states elect judges to at least some courts.
Today’s opponents of judicial elections cite two main fears. The first is that judges may rule more favourably to those who contributed to their campaigns. Cognisant of such concerns, in 2015 Chief Justice John Roberts joined the Supreme Court’s liberals to uphold a state ban on judges personally soliciting campaign donations.
In four of the 11 states where there is solid evidence, then, judges tend to sentence defendants convicted of serious crimes more harshly shortly before they file for re-election than they do at the beginning of their terms. The authors focused on serious crimes such as murder, rape and assault “because these are more visible to voters”. People tend to prefer judges who protect society from killers to those who protect it from jaywalkers.
The authors hypothesise that the more competitive state judicial elections are, the more likely judges are to impose harsher sentences. In states with uncompetitive judicial elections, by contrast, “judgeships appear to be viewed as positions that should be obtained by appointment, never mind the electoral rules,” and judges apply the law more consistently.
Unfortunately judicial elections are only growing more competitive. In the 2015-16 election cycle, Pennsylvania set a national record for money spent in state supreme-court elections—$21.4m for three seats, most of which the candidates raised themselves. North Carolina saw more money spent than any state other than Pennsylvania. Kansas set a state spending record and Washington also saw $2.8m spent for three seats.
Indonesia Berita Terbaru, Indonesia Berita utama
Similar News:Anda juga dapat membaca berita serupa dengan ini yang kami kumpulkan dari sumber berita lain.
Trump admin officials will not attend White House correspondents' dinnerTrump admin. officials will not attend White House correspondents' dinner, White House says.
Baca lebih lajut »
New CBS Sports Network Deal With WNBA Latest Reminder Of New Revenue StreamsThe response to Monday's big announcement that CBS Sports Network will televise 40 WNBA games in 2019 and at least one year beyond was universally positive, as it should be.
Baca lebih lajut »
Can New National Enquirer Owner Charles Cohen Breathe New Life Into Tabloid?Charles Cohen faces many challenges in turning around the National Enquirer, including restoring its tarnished brand and generating traffic to its website.
Baca lebih lajut »
New hope rises for would-be LGBTQ parents in New YorkNew York is one of only three states across the US that bans paid surrogacy outright. That may soon change. - NBCOUT
Baca lebih lajut »
New poll: Buttigieg sures into top tier in New HampshireSupport for Pete Buttigieg jumped 14 points in a new Granite State Poll from the University of New Hampshire, launching the mayor of South Bend, Indiana, into the first-in-the-nation primary state's top tier of candidates
Baca lebih lajut »
Manager Solskjaer warns Man United players as he looks to rebuildManchester United manager Ole Gunnar Solskjaer has warned Alexis Sanchez and his...
Baca lebih lajut »
NYC measles outbreak worsens as infections near 400, including 2 pregnant womenAlmost 400 people in New York City have contracted measles since the outbreak began in October, according to new data from the New York City Health Department.
Baca lebih lajut »