- Published: January 4, 2022
- Updated: January 4, 2022
- University / College: University of Birmingham
- Level: Intermediate School
- Language: English
- Downloads: 29
Influences on Judicial Decision Making al Affiliation The decision making process by various judges is influenced by various factors as we shall establish in this activity. The decision making process is critical in making any judgment as it can mean that justice can be administered or not. The evaluation of the evidence presented as well as looking at previous cases in the line with the one at hand facilitates the process of coming up with an advised decision. The factors that influence the judge’s decision include;-
(1). Judicial Precedent-in some cases the decision made in one case acts as a link or binder to later cases that are to be made using the same reasoning and law. A superior judge will often make a decision that binds all the judgments that had been made prior to his judgment. (2). Partisanship-In some cases especially the ones involving a given political affiliation, many judges have been found to make decisions that are favoring one of the sides that they favor. (3). Social Background-though quite negligible in affecting the decision of the judges, the social backgrounds have affected how the final decisions are made. For instance a judge who was brought up in a family where marital fights and abuse were common will be more vigilant in handling such cases (Dimitri & Lax, 2009; Uddin, n. d).
Attorney Joe Smith would have the following advantages if he wants to postpone a case until a further date. First due to his close professional interaction with the judges it is possible that he knows their competence levels a factor that is core in the process of defining a case. Second he knows their schedule and since he has a direct contact with all of them he will be able to make his request easily and his request honored (Dimitri & Lax, 2009).
References
Dimitri, L. & Lax, J. R. (2009). Legal Doctrine on Collegial Courts. The Journal of Politics. 71(3). p. 949-963.
Uddin, B. (n. d). Judicial Decision Making would be better if Judges were more truthful about their Reasons for Particular Decisions, even if those Reasons are Extra-Legal. The Student Journal of Law. Available at.
