Question: How Do Judges Make Decisions?

What are the three models of judicial decision making?

There are three main models of the judicial decision-making that explain how judges come to a solution: legal, attitudinal and strategic.

All these models aim to predict the decision a judge will make, based on the guiding values of the judge.

The legal model assumes the judge is following the rules and regulations..

Can Judges do whatever they want?

The short answer is yes – within the context of the law. That is to say the judge knows how to use the law to allow him to do what he or she wants to. For example: In criminal court, a first-time offender may have committed a criminal act that the statue mandates a period of incarceration.

What comes first Judgement or decree?

Environmental law The judgment forms the concluding part of the civil suit and it determines the rights and liabilities of the parties. Basically judgment is followed by a decree which is its operating part. Historically, there was the distinction between judgment and decree.

Why you should never take a plea bargain?

In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you’re found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.

Can the judge change the sentence?

As a general rule, once a final judgment has been entered in a criminal case—once the judge has delivered a legally valid sentence—the judge loses the ability to change that sentence unless a specific law gives the court authority to modify it.

What factors influence judicial decision making?

5 To Haines, the factors most likely to influence judicial decisions are: (1) “direct influences” which include: (a) legal and political experiences; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) “indirect and remote influences” which include: (a) legal and general …

What power do judges have?

Generally speaking, judges, as members of the judiciary, have the power to interpret and apply existing law; in other words, to say what the law is. Enforcing the law is outside of the boundaries of their power, as the Constitution confers it to the executive branch.

What if judge is biased?

The bias could also be towards your attorney. … In a situation where a judge is biased or prejudice, the result could be a decision that is not fair or impartial to one party in the case. Often, a judge will identify their own inability to be fair, neutral, and impartial and will recuse themselves from the case.

What is the attitudinal model of judicial decision making?

In contrast to the legal model, the attitudinal model holds that judges decide disputes in light of the facts of the case, given their ideological attitudes and values (Schubert 1965; Segal and Spaeth 1993). To illustrate, imagine a search and seizure whose constitutionality the Court must determine.

What is the strategic model?

The definition of “strategy model” exists within the term itself. Basically, a strategy model constitutes a strategic plan, or model, designed to improve a process. Organizations use strategy models to improve operations and meet their goals. … Strategy models are of varying degrees of complexity.

Who is more powerful than a judge?

Judge:MagistrateJudgeA magistrate has less power than a Judge.A judge has more power than a magistrate.A magistrate may not have a law degree.He or she is always an officer with a law degree.He or she handles minor cases.He or she handles complex cases.6 more rows

Which model of decision making suggests that justices make decisions based on personal ideologies?

attitudinal modelThe attitudinal model assumes that the decisions are made by a judge based on the case facts against his sincere attitudes and values. The ideological views of the judge and his policy preferences can have more effect on his decision-making than the law.

What should you not say to a judge in family court?

8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. … Anything angry. Keep your calm no matter what. … ‘They didn’t tell me … ‘ That’s not their problem. … Any expletives. You might get thrown in jail. … Any of these specific words. … Anything that’s an exaggeration. … Anything you can’t amend. … Any volunteered information.

Does a judge have final say?

It depends on the jurisdiction. In most jurisdictions the jury determines what crimes the defendant is guilty of, but has no say in the sentence at all. In most states, there are sentencing guidelines that take the crime and offender’s history into consideration.

Can writing a letter to the judge help?

To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.

How do you tell a judge he is wrong?

“You’re wrong (or words to that effect)” Never, ever tell a judge that he or she is wrong or mistaken. Instead, respectfully tell the judge WHY he or she may be wrong or mistaken.

What is a judge’s decision called?

In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court’s explanation of why it has chosen to make a particular court order.

How a lawyer asks the judge to make a decision?

brief – A written statement submitted by the lawyer for each side in a case that explains to the judge(s) why they should decide the case (or a particular part of a case) in favor of that lawyer’s client.

How does a judge decide a sentence?

Rather, judges can take a number of factors into account when deciding on an appropriate punishment. For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and.

Who has more power than a judge?

ProsecutorsProsecutors Have More Power Than Judges.

What do you call the lawyer who defends?

Defense attorney or public defender: The lawyer who defends the accused person. A public defender is appointed if the accused is unable to pay for an attorney. … Prosecutor: A public official who brings the government’s case against a person accused of a crime and asks the court to convict that person.