Biology Forums - Study Force

Should judges be permitted to make decisions based on extralegal factors? If so, what kinds of factors should they consider? If not, why not?
 
  What will be an ideal response?

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The insanity defense is used in approximately what percent of felony criminal offenses in the United States?
 
  A) About 1
  B) 5 to 10
  C) 11 to 15
  D) About 20
  E) Between 20 and 27

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A judge in New Jersey ruled that criminals may have their DNA samples destroyed after they complete their prison terms.
 
  If the judge had said, this policy uses persons, via their DNA, as a means to protect society in the future, Kant would have agreed with him. a. True
  b.False
 
   Indicate whether the statement is true or false

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What judicial selection methods (if any) ensure that judges will be objective and qualified?
 
  What will be an ideal response?

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Trouble teens often give potential ______________ before violent incidents.
 
  Fill in the blank(s) with correct word

Making decisions based solely on the laws would be extremely hard to do. Judges should remain impartial, but judges' decisions can sometimes be influenced by personal ideology, election considerations, pubic opinions, strategic considerations, and consensus-seeking.

Judges should limit decisions to actual controversies, have limits on ability to answer political questions, not have the ability to rule on the wisdom of legislation, and only have the ability to overturn laws they must be on the narrowest grounds.

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A

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TRUE

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At the federal level, federal judges are appointed. The appointment starts with the president. The candidates are then screened by the U.S. Attorney General. Interest groups, the ABA, and the Senate are also involved in the appointment process.

At the state level most judges are elected, but they can be quite political. Some states use a merit selection process and choose candidates based on qualifications and have a nonpartisan commission to evaluate and appoint the judges. Finally, some states have gubernatorial and legislative appointments by the state governor.

All of these processes have negatives and positives and there is no perfect system that will allow for judicial selection to be completely objective and only bring on those judges that are qualified.

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