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bias is what makes us who we are.
everyone has it even if they pretend not too.

2007-01-07 15:23:26 · 17 answers · asked by needliberty 2 in Politics & Government Law & Ethics

17 answers

I'm a judge, and you're right. We all carry biases, both personal and institutional. We carry prejudices, too. (They are slightly different.) Like any other profession, there are tools to help a judge do the job right. There are ethical guidelines, legal principles, similar cases from the past, methods of analysis. It's also imperative to keep an open mind until all the evidence is in, and "re-humanize yourself" regularly. But remember, as a journalist once remarked, "A truly unbiased opinion is worth nothing." Happy New Year.

2007-01-07 15:36:48 · answer #1 · answered by bullwinkle 5 · 1 0

A judge doesn't have to be unbiased. He or she simply has to make unbiased decisions. The judge generally does not decide the guilt or innocence of the defendant but rather rules on evidentiary issues. Usually these rules are well established and are followed because the judge respects the law . . . the principle of stare decisis. The law is more important than any single case and those who understand the system understand that. Unfortunately, those who commentate on the system can make headlines by criticizing the few bad decisions made. The thousands of cases tried every day where justice is served get no attention.

2007-01-07 23:31:37 · answer #2 · answered by Anonymous · 2 0

PERSONAL VENDETTA

SUBJECT:
Max Rafael Waller
Age: 42
Weight: Obese
Friends: None except family

Home
11261 Sproule Avenue
Pacoima California 91331
818 – 890 - 2048

Work
12920 Foothill Boulevard
San Fernando California 91340
818 – 365 - 7710

Rosa Hollyfield went out with Max, but his coworkers POISONED her mind.

San Fernando Police Department
910 1st Street
San Fernando California 91340
818 – 898 - 1267



Los Angeles Police Department
Foothill Division
12760 Osborne Street
Pacoima California 91331
818 – 834 - 3115

Regular, Detectives, Undercover Officers, Private Investigators, San Fernando Explorer Scouts, and COWORKERS are keeping close tabs on HIM. The coworkers are doing it willingly.

A profiling of him is ongoing. This was initiated by a retired LAPD Officer and current owner of a Private Security firm. It began on Friday, 15 December 2006 and is CURRENT AND OPEN.

If nothing is found then all documentation will be DESTROYED OR NEVER ACKNOWLEDGED.

On Friday, 5 January 2007 was the last day of a contract between Sam’s Club and the firm owned by the retired LAPD Officer.

What is happening to him WILL HAPPEN TO YOU !

2007-01-08 00:07:34 · answer #3 · answered by Anonymous · 0 0

I've got two quotes for you. The first expresses a view which I think is too cynical. (This is from "Supreme Injustice, How the High Court Hijacked Election 2000," by Alan Dershowitz.)

"Legal realists ... have long understood that the reasons judges give for their decisions are oftentimes nothing more than after-the-fact rationalizations of results reached for reasons they are unwilling to acknowledge publicly, reasons such as political, economic, or religious preferences. Lawyers are taught to argue both sides of a dispute. Any good lawyer is capable of rationalizing practically any result he or she wishes to reach with plausible arguments."

Or implausible arguments. I have looked at more than one Supreme Court ruling and seen some blatantly implausible arguments about LAW, and that is when I do think it is quite obvious that the Justices based their decision on their bias. And I think that it is NOT ACCEPTABLE.

Here is a quote from someone who also thinks that for Supreme Court Justices to be biased is NOT ACCEPTABLE. (This is from "Democracy and Distrust," by John Hart Ely, published 1980.)

"About forty years ago people 'discovered' that judges were human and therefore were likely in a variety of legal contexts consciously or unconsciously to slip their personal values into their legal reasonings. From that earth-shattering insight it has seemed to some an easy inference that that is what judges OUGHT to be doing. Two observations are in order, both obvious. The first is that such a 'realist' theory of adjudication is not a theory of adjudication at all, in that it does not tell us WHICH values should be imposed. The second is that the theory's 'inference' does not even remotely follow: that people have always been tempted to steal does not mean that stealing is what they should be doing. This is all plain as a pikestaff, which means that something else has to be going on. People who tend to this extreme realist view must consciously or unconsciously be envisioning a Court staffed by justices who think as they do. That assumption takes care of both the problems that I've mentioned. It tells you what values are to be imposed (the commentators own) and also explains (at least to the satisfaction of the commentator) why such a Court would be desirable. But it's a heroic assumption, and the argument that seems to score most heavily against such a 'realist' outlook is one that is genuinely realistic -- that there is absolutely no assurance that the Supreme Court's life-tenured members (or the other federal judges) will be persons who share your values."

I like the sound of that much better.

2007-01-07 23:43:07 · answer #4 · answered by Anonymous · 1 0

A good judge will do his best to set aside his personal beliefs and use the law to determine an outcome. However, I have to agree because it is through previous decisions that our law is slowly changed. Then you have to look at the Supreme Court. Those judges are there because of what they believe and they set the course of what law will be for this country. Once they become a supreme court judge, they are appointed for life with no real recourse other than public opinion.

2007-01-07 23:28:39 · answer #5 · answered by towanda 7 · 1 0

Judge Dredd
Judge Reinhold

Those two judges never showed any bias

2007-01-07 23:25:38 · answer #6 · answered by red_necksuck 4 · 1 0

i dont think its possible for any human to be totally unbiased. anything we are exposed to affects our sentiments & feelings to a degree. But I do believe that a lot of judges who take their positions seriously make an honest attempt to keep their personal feelings at bay when making rulings that affect others' lives.

2007-01-07 23:27:27 · answer #7 · answered by Tim 3 · 0 0

Robo-judge

2007-01-07 23:30:21 · answer #8 · answered by fancy unicorn 4 · 1 0

i won't say yes or no....... from my side, we have different types of judges. some study the face to tell the truth, some listen to the changes of voice as per question, others get carried by the crowd, while a few balance it all. its your luck when you are on the stand.

2007-01-07 23:33:04 · answer #9 · answered by veddyq 2 · 1 0

I've been on 7 juries and never had the slightest feeling the judge was biased.

2007-01-07 23:43:57 · answer #10 · answered by Michael da Man 6 · 0 1

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