Judicial Process Notes 2

Judicial Process Notes 2 - Judicial Process*start of 2nd...

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Judicial Process ***start of 2 nd exam material*** A. Judges a. Evaluative standards 1. Impartiality 2. Prestige/quality of education [argument that people who had a more prestigious education will be better judges] 3. Experience [argument that people with more experience as a judge will be better judges] 4. Representativeness/representation [demographic wise, race/ethnicity, as well as socioeconomic status/background, religious affiliation, historically, geography and religion have been the most important factors in getting to be a judge] [argument that a more legitimate bench will be one that looks more like the public] [ descriptive representative, not evaluative standard ] 4.i. Descriptive/symbolic representative – representativeness as a bunch of dimensions, where one is descriptiveness, where the bench mirrors what the polity is, it is fair to have diversity on the bench even if the decisions made aren’t changed [comparing males and females, there aren’t really any behavioral
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