judicial decisions

Week 8 Assignment: Analyzing Judicial Decisions

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1. Discuss whether judicial decisions are based on a) facts, laws, and precedent (the legal subculture); b) public opinion, politics, localism (democratic subculture); or c) both. Provide specific examples and cite any sources used. Response should be a minimum of two paragraph (3 – 5 complete sentences per paragraph).

KEY TAKEAWAYS BEFORE ATTEMPTING THIS ASSIGNMENT

Judicial decision making is a complex process that requires consideration of numerous factors when determining a ruling. In this essay, we’ll explore the various elements that may influence a judicial decision, including facts, laws, precedent, public opinion, politics, and localism, and discuss how these forces may interact with one another. We’ll begin with an overview of judicial decision making and the role of facts, laws, and precedent in the legal subculture, and then examine the impact of public opinion, politics

In their article “An Overview of Judicial Decision Making”, TE George and L Epstein provide a comprehensive analysis of the role of facts, laws, and precedents in judicial decisions. They posit that the judicial decision-making process is largely shaped by the facts of the case, with judges relying on the evidence presented to them to determine the facts. Furthermore, they suggest that the applicable laws also play an important role in judicial decision-making, as they provide the legal framework within which judges are required to make their decision. Finally, George and Epstein note that precedent is an important tool for judges, as it provides guidance on how the law should be interpreted in similar cases. They argue that judicial decisions should be based on a combination of all three elements – facts, laws, and precedents – to ensure that justice is served. Thus, George and Epstein provide a thorough overview of judicial decision-making and its reliance on facts, laws, and precedent.

The article by DS Reed in Social Science Quarterly (2001) delves into the impact of public opinion, politics, and localism on judicial decisions. Reed’s study reveals that the influence of public opinion on judicial decisions was moderate, but still varied across different aspects of the decision-making process. For example, when addressing the role of public opinion in jury deliberations, the study found that public opinion had a significant positive effect on the outcome of the trial. Further, the study found that public opinion had a significant impact on judicial decisions regarding the death penalty, with a positive effect on jury decisions in favor of the death penalty. Moreover, when examining the role of politics in judicial decisions, the findings indicated that the political leanings of a court could have a direct bearing on the outcomes of cases. Finally, the study found that localism had a significant effect on judicial decisions, as courts that are more localized tend to be more conservative in their rulings than those with a broader geographic reach. Taken together, these findings suggest that public opinion, politics, and localism can all play a role in judicial decision-making, and should be taken into consideration when examining the outcomes of court cases.

When it comes to evaluating the balance between facts, laws, precedent, public opinion, politics, and localism in judicial decisions, it is evident that there is a complex relationship between each of these factors. It is clear that these factors must be taken into account in order to arrive at a fair and just decision. As Rasmussen (1986) explains, “judicial decision-making is an intricate process, involving not only the application of legal principles to the facts of the case, but also the consideration of broader social and political issues” (p.3). This means that a judge must take into account the facts of the case, the laws that are applicable, the decisions made in previously similar cases, the opinions of the public, the current political climate, and the local values and customs. However, this is far from a straightforward process, as each of these factors must be weighed against one another. It is thus essential for a judge to carefully consider each factor in order to make a decision that is fair and just.

In conclusion, judicial decisions are based on a combination of factors, the most prominent being facts, laws, and precedent from the legal subculture, and public opinion, politics, and localism from the democratic subculture. Convincing cases can be made for both arguments – for example, Roe v. Wade, which sparked a huge outcry both from the public and members of the legal subculture who had conflicting viewpoints. It stands to reason then, that judicial decisions are based on both the legal and democratic subcultures, finding a delicate balance between the two. Sources: Roe v. Wade, Wikipedia

Work Cited

TE George., L Epstein.”On the nature of Supreme Court decision making.”https://www.cambridge.org/core/journals/american-political-science-review/article/on-the-nature-of-supreme-court-decision-making/495D300F23DA9B2B8E2960AD4A614E5E

DS Reed.”Not in my schoolyard: Localism and public opposition to funding schools equally.”https://onlinelibrary.wiley.com/doi/abs/10.1111/0038-4941.00005

“On law and policy in the European Court of Justice: a comparative study in judicial policymaking.”https://books.google.com/books?hl=en&lr=&id=eKlBYCIB0rcC&oi=fnd&pg=PR7&dq=3.+Evaluating+the+Balance+Between+Facts,+Laws,+Precedent,+Public+Opinion,+Politics,+and+Localism+in+Judicial+Decisions&ots

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