Gender of Judges?

Question

Does the gender of judges make a difference in the decisons they make in court. Do race, ethnicity or age amke a differencce?

Would electing judges solve the problme of gener bias? Would it solve racial bias?

Answer 1

Realistically, if you look at judges, each of them is an individual and makes their decisions in different ways. One of the things all people do is take their own personal opinions into account as they interpret other things. This means that in some case, a judge's gender or race may make a difference. Lawyers all know this and are known to shop for judges they think will be more sympathetic to thier client.

Electing judges is not an answer since judges would still be people, and subject to the biases of a person. In fact, electing judges brings about the possibility of corrupting the judicial system for political means. Some states, such as Texas, elect all of thier judges, from the lowest Justice of the Peace to the Supreme Court justices for the state. Their decisions are not noticeably more or less affected by personal biases, but can easily be affected by their need for re-election.

Appointing judges is not an answer since jduges are still people and subject to the biases of a person. If you appoint a judge for life, like the federal system does, then the judge may be more free to show bias since there is no need to worry about the consequences of their decisions.

I have long ago learned to accept that any system based on people will have flaws. Our systems is a flawed justice system. I would love to see the flaws corrected but I don't know how. In the meantime, I just take comfort in the fact that it is the best system yet implemented.

Answer 2

Everything goes into the decision a judge makes. They don't follow a rulebook and give everyone the same sentence. Just as everyone in here will give you a different answer based on their gender, race, ethnicity and age. Each one of these contributes to the person’s view of life and punishment, as well as their experiences as early as childhood. Environment is also a determinant. This is why you have so many judges making so many different decisions on the same case. Although I don’t feel that women are more likely to give a lighter sentence. It could go either way. I’m not sure it is this way anymore, but in the past, women had to show how “tough” they were in the workplace, and actually go over the top in disciplinary action more so than a male to prove herself. Gender bias will go away when people realize that women can be as bad (if not worse) than men. Look at the case of Eileen Wuornos, the female serial killer. She is looked upon as an abused woman who went over the edge and murdered innocent men…She is every bit of a serial killer, but she doesn’t get the same reaction that Ted Bundy does, or Gacy.

Answer 3

I see no evidence at all that either the gender or race make a difference.

From a Jewish member of the U.S. Supreme Court:

"One who belongs to the most vilified and persecuted minority in history is not likely to be insensible to the freedoms guaranteed by our Constitution. Were my purely personal attitude relevant I should wholeheartedly associate myself with the general libertarian views in the Court's opinion, representing as they do the thought and action of a lifetime. But as judges we are neither Jew nor Gentile, neither Catholic nor agnostic. We owe equal attachment to the Constitution and are equally bound by our judicial obligations whether we derive our citizenship from the earliest or the latest immigrants to these shores. As a member of this Court I am not justified in writing my private notions of policy into the Constitution, no matter how deeply I may cherish them or how mischievous I may deem their disregard. The duty of a judge who must decide which of two claims before the Court shall prevail, that of a State to enact and enforce laws within its general competence or that of an individual to refuse obedience because of the demands of his conscience, is not that of the ordinary person. It can never be emphasized too much that one's own opinion about the wisdom or evil of a law should be excluded altogether when one is doing one's duty on the bench."

Answer 4

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Answer 5

I don't think we should elect judges at all because then there is political bias--like the supreme court. Nevertheless, all judges are bias, and if they say they are not, then they are also liars. nevertheless, if one feels a judge is bias, I think you can ask them recuse themself from the case.

Answer 6

Gender and race of a judge have no bearing. What has a bearing is their intelligence. We have an idiot in Ruth Ginsberg and a sage in Clarence Thomas.

Answer 7

I've been an attorney since 1993. I have yet to see a decision in any of my cases by any judge that appeared to be influenced by any of the factors you cited in our question.

Answer 8

as long as they are human not animals.