#7

Date: 2022-08-27 11:40 am (UTC)
lauradi7dw: me wearing a straw hat and gray mask (anniversary)
From: [personal profile] lauradi7dw
I don't know the answer to your question, but the answer to the question that you didn't ask is that in the US it varies by state (like many things), so in some places judges are appointed and in some they are elected. There are vehement arguments either way - if a corrupt authority appoints a judge and has enough allies in the confirming body, there are very bad judges. See the current make-up of the US Supreme Court for an extreme example. If a corrupt person has enough money to mount a successful campaign, same.

When the Constitution was written in the late 18th century, people were aware enough of the potential for unfair judges that the 6th amendment promises a jury trial. It also promises a speedy trial, which people don't mostly get, but it was an idealized document in some ways

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

OTOH, after all of the first set January 6th insurrectionists who had a jury trial were found guilty, some of them have been requesting judge-only.

Date: 2022-08-27 11:57 am (UTC)
nancylebov: (green leaves)
From: [personal profile] nancylebov
From my pal google: "In general, however, approximately half of the States appoint judges and half elect them."

I don't know (and google wasn't helpful) about whether any other countries elect judges.

It does seem to have the virtue commonly attributed to democracy of getting rid of very bad actors. It works sometimes.

#7 Quibble

Date: 2022-08-27 02:51 pm (UTC)
lsanderson: (Default)
From: [personal profile] lsanderson
Not to quibble, he said, quibbling, but "appoint" and voting (electing) seem like they come from different headwaters. OTOH, there are hybrid systems that combine the best and worst of both: https://ballotpedia.org/Judicial_selection_in_the_states

Date: 2022-08-27 05:36 pm (UTC)
movingfinger: (Default)
From: [personal profile] movingfinger
8. Perhaps male humans are innately unsuited for the responsibilities they grab.

Date: 2022-08-27 05:42 pm (UTC)
dewline: Text - "On the DEWLine" (Default)
From: [personal profile] dewline
There are days when I share such suspicions.

Date: 2022-08-27 10:53 pm (UTC)
channelpenguin: (Default)
From: [personal profile] channelpenguin
5. Haha. Me and Saint had that idea back in 1991...”This is Stirling, this is Stirling" lol.

Date: 2022-08-30 12:38 am (UTC)
snippy: Lego me holding book (Default)
From: [personal profile] snippy
7. Even in places that elect judges, many are nevertheless appointed. E.g., in my state judges are elected and are nominally not partisan (that is, they don't run as Democrats or Republicans). However, retiring judges retire early enough to enable the governor to appoint the successor, and re-election rates are astoundingly high largely due to name recognition.

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