JudiciaryJudiciary

Week 11Week 11

Chapter 12 in WilsonChapter 12 in Wilson

Models of Judicial RolesModels of Judicial Roles

Natural Law ModelNatural Law Model

Legal Rules ModelLegal Rules Model

Models of JusticeModels of JusticeCharacteristicsCharacteristics

Source/Source/StandardStandard

Locus of Locus of SupremacySupremacy

““Ideal” JudgeIdeal” Judge

Goal of Goal of DecisionDecision

VulnerabilityVulnerability

StrengthsStrengths

Natural Justice Natural Justice

Community MoralityCommunity Morality

JudiciaryJudiciary

Experienced, Wise leadersExperienced, Wise leaders

Justice/Good policyJustice/Good policy

Judicial Malpractice, bias, inconsistency, Judicial Malpractice, bias, inconsistency, unresponsiveness, rigidityunresponsiveness, rigidity

Flexible, punishment tailored to crime, Flexible, punishment tailored to crime, “justice” is served“justice” is served

CharacteristicsCharacteristics

Source/Source/StandardStandard

Locus of Locus of SupremacySupremacy

““Ideal” JudgeIdeal” Judge

Goal of Goal of DecisionDecision

VulnerabilityVulnerability

StrengthsStrengths

Legal RulesLegal Rules

Law TextsLaw Texts

People through representativesPeople through representatives

Legal CraftsmenLegal Craftsmen

Equal treatment and consistencyEqual treatment and consistency

Legislative or executive malpractice, Legislative or executive malpractice, rigidrigid

Equality, predictabilityEquality, predictability

Models of JusticeModels of Justice

CharacteristicsCharacteristics Natural Justice Natural Justice Legal RulesLegal Rules

Source/StandardSource/Standard Community MoralityCommunity Morality Law TextsLaw Texts

Locus of SupremacyLocus of Supremacy JudiciaryJudiciary People through People through representativesrepresentatives

““Ideal” JudgeIdeal” Judge Experienced, Wise Experienced, Wise leadersleaders

Legal CraftsmenLegal Craftsmen

Goal of DecisionGoal of Decision Justice/Good policyJustice/Good policy Equal treatment and Equal treatment and consistencyconsistency

VulnerabilityVulnerability Judicial Malpractice, Judicial Malpractice, bias, inconsistency, bias, inconsistency, unresponsiveness, unresponsiveness, rigidityrigidity

Legislative or executive Legislative or executive malpractice, rigidmalpractice, rigid

StrengthsStrengths Flexible, punishment Flexible, punishment tailored to crime, tailored to crime, “justice” is served“justice” is served

Equality, predictabilityEquality, predictability

Models of JusticeModels of Justice

Models of Judicial RolesModels of Judicial Roles

Your preference?Your preference?

Natural Law Model?Natural Law Model?

Legal Rules Model?Legal Rules Model?

American Balance?American Balance?Legal Rules through the processLegal Rules through the processNatural Justice in sentencingNatural Justice in sentencing

Structure: Structure: US Federal Court System.US Federal Court System.

US Supreme CourtUS Supreme Court

US Circuit Courts of AppealsUS Circuit Courts of Appeals

12 circuits12 circuits

US District CourtsUS District Courts

94 districts94 districts

Our legal system: a road mapOur legal system: a road map

Court of Primary JurisdictionCourt of Primary Jurisdiction District CourtDistrict Court VerdictVerdict AppealAppeal

Who can and why?Who can and why? Process, process, processProcess, process, process Constitutionality of the law itselfConstitutionality of the law itself

Appeals CourtAppeals Court Supreme courtSupreme court

The Operation of the Supreme CourtThe Operation of the Supreme Court AppealsAppeals BriefsBriefs Writ of Writ of CertiorariCertiorari Law ClerksLaw Clerks Rule of 4Rule of 4 Friend of the Court BriefFriend of the Court Brief Oral argumentsOral arguments Opinion of the court – Majority DecisionOpinion of the court – Majority Decision

Concurring opinionConcurring opinion Dissenting opinionDissenting opinion

Supreme CourtSupreme Court Judicial ReviewJudicial Review

Constitutional authority?Constitutional authority? Marbury v. MadisonMarbury v. Madison

How Judges DecideHow Judges Decide

The Politics of Judicial Appointments.The Politics of Judicial Appointments.

Judicial PowerJudicial Power Judicial Activism Judicial Activism Judicial Restraint.Judicial Restraint.