How Do Judges Decide?

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Author :
Publisher : SAGE
ISBN 13 : 1412961041
Total Pages : 377 pages
Book Rating : 4.4/5 (129 download)

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Book Synopsis How Do Judges Decide? by : Cassia Spohn

Download or read book How Do Judges Decide? written by Cassia Spohn and published by SAGE. This book was released on 2009 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.

How Do Judges Decide?

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Author :
Publisher : SAGE
ISBN 13 : 9780761987604
Total Pages : 356 pages
Book Rating : 4.9/5 (876 download)

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Book Synopsis How Do Judges Decide? by : Cassia Spohn

Download or read book How Do Judges Decide? written by Cassia Spohn and published by SAGE. This book was released on 2002-01-28 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.

How Judges Judge

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Author :
Publisher : Taylor & Francis
ISBN 13 : 0429657498
Total Pages : 361 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis How Judges Judge by : Brian M. Barry

Download or read book How Judges Judge written by Brian M. Barry and published by Taylor & Francis. This book was released on 2020-11-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Formazione e comunicazione

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (711 download)

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Book Synopsis Formazione e comunicazione by :

Download or read book Formazione e comunicazione written by and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tough Cases

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Publisher : The New Press
ISBN 13 : 1620973871
Total Pages : 109 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Tough Cases by : Russell Canan

Download or read book Tough Cases written by Russell Canan and published by The New Press. This book was released on 2018-09-25 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

How Judges Think

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Reading, Writing and Analysing Judgments

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Publisher : Emis Professional Pub
ISBN 13 : 9781858113661
Total Pages : 234 pages
Book Rating : 4.1/5 (136 download)

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Book Synopsis Reading, Writing and Analysing Judgments by : Andrew Goodman

Download or read book Reading, Writing and Analysing Judgments written by Andrew Goodman and published by Emis Professional Pub. This book was released on 2006-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: . The nature of judgment . How to read a judgment . The use of language in judicial opinion . Argument and legal logic . Fair criticism . Writing judgments . How judges decide . The appellate judgment . Problems with law reporting . Judicial style It will assist vocational and research students alike - as well as fascinate those interested more general in the law and judicial process.

Model Code of Judicial Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318393
Total Pages : 212 pages
Book Rating : 4.3/5 (183 download)

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Book Synopsis Model Code of Judicial Conduct by : American Bar Association

Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Guidelines Manual

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Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Guidelines Manual by : United States Sentencing Commission

Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Handbook for trial jurors serving in the United States District Courts

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Author :
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Handbook for trial jurors serving in the United States District Courts by :

Download or read book Handbook for trial jurors serving in the United States District Courts written by and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: ... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...

ABA Standards for Criminal Justice

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Author :
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis ABA Standards for Criminal Justice by : American Bar Association

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Deciding to Decide

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Publisher : Harvard University Press
ISBN 13 : 9780674042063
Total Pages : 332 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Deciding to Decide by : H. W. Perry

Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

A Judge's Advice

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Publisher :
ISBN 13 : 9781611630527
Total Pages : 0 pages
Book Rating : 4.6/5 (35 download)

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Book Synopsis A Judge's Advice by : Ruggero J. Aldisert

Download or read book A Judge's Advice written by Ruggero J. Aldisert and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has one objective in mind: to enrich the skills of lawyers and law students so that each may bear--to borrow from Izaak Walton's The Compleat Angler--the noble title of "compleat lawyer." The voice belongs to a nonagenarian who has rolled up his sleeves, sat back in his chair and said he is willing to share observations on the law--both its anatomy and philosophical purposes--based on his rather prodigious and extensive experience. The content includes selective reflections from Judge Aldisert's books, lectures and essays over 14 years as a lawyer and 50 years as a judge, teacher and author. Five major law themes have commanded his special interest over the years: the common law tradition, logic and law, the institutional crisis facing appellate courts, quality writing, and the judicial process. Lawyers and law students will be afforded answers to these queries: What is the bedrock of our common law system and how can I use that knowledge to better advocate? What are trial and appellate judges really looking for? How can I create a writing structure that will persuade? What is the logical configuration that is absolutely necessary in any legal argument? What practical challenges do judges face when deciding my case? Howdo I convince a judge to decide my way when no precedent controls and the law is not clear? For a lawyer in the courtroom to become a truly compleat lawyer, he or she must learn "Why am I doing what I do?" And that's what this book is all about. "[N]o other single volume that I am aware of so neatly and clearly explains the American legal system. This book explains stare decisis better than anything else available. Judge Aldisert writes about his particular passion -- the law -- with an enthusiasm that is almost exhausting. Through this book the law student can get a glimpse of just how enormously satisfying the next 60 or 70 years of his or her life can be....This book really should be required reading for all law students, lawyers and others too." -- Paul Lomio, library director and law lecturer at Stanford Law School

The Language of Judges

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226767892
Total Pages : 231 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Language of Judges by : Lawrence M. Solan

Download or read book The Language of Judges written by Lawrence M. Solan and published by University of Chicago Press. This book was released on 2010-08-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.

What's Law Got to Do With It?

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Publisher : Stanford University Press
ISBN 13 : 0804782121
Total Pages : 560 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis What's Law Got to Do With It? by : Charles Gardner Geyh

Download or read book What's Law Got to Do With It? written by Charles Gardner Geyh and published by Stanford University Press. This book was released on 2011-08-09 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Top US legal scholars and political scientists examine how the law shapes judges’ behavior and decisions, and what it means for society at large. Although there is a growing consensus among legal scholars and political scientists, significant points of divergence remain. Contributors to What’s Law Got to Do with It? explore ways to reach greater accord on the complexity and nuance of judicial decision making and judicial elections, while acknowledging that agreement on what judges do is not likely to occur any time soon. As the first forum in which political scientists and legal scholars engage with one another on these hot button issues, this volume strives to establish a true interdisciplinary conversation. The inclusion of reactions from practicing judges puts into high relief the deep-seated and opposing beliefs about the roles of law and politics in judicial work. Praise for What’s Law Got to Do with It? “Geyh (associate dean for research and John F. Kimberling professor of law, Indiana Univ. School of Law) is well qualified to edit this reader about the interaction of law and politics in contemporary society. The contributors . . . are among the very best scholars in the legal and political science realm . . . . The writing is lively and easy to follow for the somewhat sophisticated reader . . . . Highly recommended.” —Choice “Readers will find these essays fascinating, thoughtful and sometimes infuriating, as conventional disciplinary wisdom is defended, modified and refuted. The result is a terrific text for all students of the legal process.” —Mark A. Graber, University of Maryland “This volume pulls together an excellent cast to examine one of the most intriguing and most difficult questions in the study of law and politics today—what role does law play in the job of judging? There is a lot to learn in these pages, and this book does a fine job of pushing the conversation forward.” —Keith Whittington, Princeton University

Bench Book

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Author :
Publisher : Government Printing Office
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Bench Book by : United States. National Labor Relations Board. Division of Judges

Download or read book Bench Book written by United States. National Labor Relations Board. Division of Judges and published by Government Printing Office. This book was released on 2001 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: