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Independence Corrupted: How America's Judges Make Their Decisions de Charles Benjamin Schudson

Independence Corrupted: How America's Judges Make Their Decisions

Autor Charles Benjamin Schudson
en Limba Engleză Hardback – 8 oct 2018
With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence.

As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
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Specificații

ISBN-13: 9780299320300
ISBN-10: 0299320308
Pagini: 288
Dimensiuni: 152 x 229 x 23 mm
Greutate: 0.54 kg
Editura: University of Wisconsin Press
Colecția University of Wisconsin Press

Recenzii

"Provides a deep understanding of the call to public service. Judges are too often seen as distant, dispassionate rulers, but Schudson shows the difficult and often wrenching decision-making process that every judge must endure. A thoroughly readable book for every citizen who chooses to become better informed about this fascinating branch of government." —Aine Donovan, Dartmouth College Ethics Institute

"Judges decide based on the law and proven facts. Or do they? Judge Schudson answers in an unselfconscious recounting of his twenty-two years judging abortion protestors, delinquent children, skinheads, sexual predators, vicious rapists, and catastrophic accidents. He paints a vivid picture of judges, usually principled but far from perfect." —Frank Sullivan, Jr., Indiana Supreme Court Justice, retired

"Honest and enlightening. The dissecting of actual court cases brings the process of judicial decision making to life. Schudson takes an inside look at how beliefs, philosophies, and even food influence the most neutral of decision makers. His memoir shows that the judge really does matter." —Lee Ann Barnhardt, director of education, North Dakota Court System

"Brings us into the heart of the judicial process so personally that we can virtually feel — as well as understand — how decisions are made, and the dangers of judicial corruption. . . . Blends history and contemporary cases, law, and memoir into a book that is as compelling for concerned citizens as it is for lawyers, judges, students, legislators, and educators."—Martha's Vineyard Times

Notă biografică

Charles Benjamin Schudson is a former trial and appellate judge, law professor, and Fulbright scholar. As an expert on the American judicial system, he has appeared on PBS, NPR, and Oprah and before the National Association of State Judicial Educators, the United States Conference of Mayors, the Senate Judiciary Committee, and many law schools. He is the president of Keynote Seminars and the coauthor of the book On Trial: America's Courts and Their Treatment of Sexually Abused Children.

Cuprins

Preface: Sacred Words/Crossover Time        
 
Introduction: Independence and Corruption 
 
Part One. Judges
1 Who’s the Judge?   
2 Where Judges Are Born: The Prosecutor’s Perspective—from Battered Homes to Nursing Homes        
3 The Decision-Making Ideal
 
Part Two. In Chambers: How America’s Judges Really Make Their Decisions
4 The Trial Judge: Birth, Aborted      
            State v. Monica Migliorino Miller
5 The Appellate Judge: Birth, Premature       
            Peterman v. Midwestern National Insurance Company, Special Products, Inc., Frank A. Busalacchi, and Visuals Plus, Inc.
6 Standard of Review: Humility, and the Division of Labor
7 The Trial Judge: Life, and a Lost Teenager
            In the Interest of S.W., a child under eighteen years of age
8 The Appellate Judge: Life, and a Sex Predator      
            State v. Shawn Schulpius
9 The Trial Judge: Death, and a Cherished Child      
            State v. Anthony McClain
10 The Appellate Judge: Death, and Three Widows 
            Wischer v. Mitsubishi Heavy Industries of America, Inc.
11 The Trial Judge: Religion, and White Supremacists         
            State v. Hollin Lange and Patrick O’Malley
12 The Appellate Judge: Politics, “On the Point”     
            State v. L. C. Clay
13 Indigestion (and Other Determinants)      
 
Part Three. America’s Judiciary in the New Age of Vanishing Independence
14 Judicial Campaigns: Declarations and Contributions       
15 Begging the Question: Elective or Appointive     
 
Afterword
Fathers and Grandfathers      
 
Notes  
Acknowledgments     
Index

Descriere

A view behind the bench from trial courts to appellate chambers, exposing the financial, political, personal, and professional pressures that undermine the independence of America's judges. Independence Corrupted calls for reforms and vigilance to ensure justice for all.