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Essay / Research Paper Abstract
A 4 page research paper/essay that examines the question of whether or not judges should be elected or appointed. The writer discusses the problems associated with judicial elections, which now occur in 39 states, and shows how special interest groups have worked to influence judicial elections and, consequently, judicial rulings. The writer concludes that judges should not be elected. Bibliography lists 3 sources.
Page Count:
4 pages (~225 words per page)
File: D0_khjudele.rtf
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Unformatted sample text from the term paper:
for sale, 2003). This expose detailed how special interest money was pouring into judicial politics and threatening to compromise the principle of judicial independence. This film focused on three states--Texas,
Louisiana, and Pennsylvania-- and documented how special interests groups worked to influence judges and their decisions (Justice for Sale, 2003). This is an alarming indictment of the American judicial
system in these states. To have judges subject to the ebb and flow of political opinion violates every tradition of American jurisprudence. Historically, judges have been associated with certain significant
characteristics. First of all, they possess enormous power, but it has not bee an power that was "purchase in the market or acquired by force," but rather they have
this power because they were selected to receive it (Stout, 2002). Additionally, judges are expected to use this power not to pursue their own interests -- "which would be viewed
as an abuse of power"--but to serve the social goal of providing a "fair and impartial application of the law" (Stout, 2002). As the 1999 film "Justice for Sale"
points out, the special interest groups that are swaying judicial elections are not the least bit interested in "impartial" applications of the law, but rather are trying to purchase judgeships
that can be counted on to rule in their favor. Since the airing of this film, the situation has gotten worse, not better. Thirty-nine states elect, rather than
appoint, appellate judges (Scherer, 2002). In Texas direct contributions to state Supreme Court candidates rocketed to $45.6 million in the 2000 election, a 61 percent increase over the previous
peak in 1998 and twice as much as in 1994 (Scherer, 2002). This flood of cash is driven by a battle over judicial philosophy that has pitted "trial lawyers, consumer
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