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Short Answer Questions - Essay Example

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In essence, there are three basic models of judicial decision making. The three models are; attitudinal, strategic and legal judicial decision making models. The attitudinal model points out that the…
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Judicial decision making process There exist various models that explain the judicial decision-making process. In essence, there are three basic models of judicial decision making. The three models are; attitudinal, strategic and legal judicial decision making models. The attitudinal model points out that the judge’s behavior can be influenced by personal policy attitudes. In this regard, it can be identified that a judge’s decisions are motivated by the intended goals and legal restrictions. Law scholars argue that strategic model acknowledges that judges strive to achieve policy goals (Geer et al 31). The model acknowledges that the judges’ decisions are controlled by certain constraints. In this regard, judges must act in accordance with the outlined constraints to ensure that justice and fairness are maintained. The legal model acknowledges that the judges submit to the provisions of law. The model recognizes that the judges operate under the provisions of the constitution.
The model that best describes the behavior of Supreme Court justices is the legal model. The model highlights the importance of the rule of law in search of justice. In addition, the model outlines the various functions of the constitution in regulating decision-making by judges. In essence, the model provides the structure of the judiciary and the appropriate process to be followed.
There exist many differences between courts and public opinion. For instance, the courts are formed in accordance with the constitution and the rule of law. On the other hand, public opinion develops out of people’s view. In addition, the court follows certain procedures in solving disputes while public opinion has no outlined procedure for addressing issues.
The phrase that the courts need legitimacy and support from the public to get their policies implemented means that the judicial system must win the public faith to be effective. In essence, the courts require public support in order to make the rulings acceptable and effective. It is worth noting that the courts rely on the members of public for support since the law largely focuses on the well-being of the common people.
Apparently, public opinion has a great influence on the decisions made in court (Geer et al. 177) For instance, the court has to seek public views in deciding some cases since they affect the entire society. It is crucial to identify that the court cannot make or decisions on their own. In essence, the members of the public have to be involved at some point.
The courts should embrace the public opinion in making decisions regarding the various cases presented. The members of public are very useful for extracting first-hand evidence that can be used to press charges against the wrong doers. Actually, the members of the public should be allowed to exercise their democratic rights by participating in the judicial process.
In conclusion, the judicial system is quite diversified and, therefore, people should carry out research to know the various components of the law. It is imperative to identify that public opinion matters a lot in the judicial matters. In summary, massive public awareness should be done to ensure that the judicial process are made clear to all.
Work Cited:
Geer, John et al. Gateways to Democracy: An Introduction to American Government. Cengage Learning. 2015. Print. Read More
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