CJ 250 Lecture Notes - Lecture 7: Bench Trial, American Judicature Society, United States Senate Committee On The Judiciary
18 May 2018
School
Department
Course
Professor
Judges
Judicial Role
● Judges are powerful and significant figures in the justice process
○ They are often described as triers of law. They are generally tasked with
resolving any legal matter that comes before the court
○ Jurors are the triers of fact. They render a decision based on the “facts”
presented by the prosecution and defense
○ At times, judges will serve as triers of law and fact (bench trial)
Federal Judges
● Federal judges
○ Appointed by the President
○ District judges
■ The norm is to have previously served on the bench
■ Most are male
■ Average age is 49 at time of appointment
■ 9 out of 10 have been the same political party as the president who
appointed them
○ Appeals court judges
■ Demographically similar to district court judges
■ More likely to have been actively involved in their respective political
parties prior to appointment
○ Supreme court justices
■ Since 1789, there have been 108 men and 4 women have served
■ Only 2 African-American and 1 Hispanic judges have served, not other
minorities
■ About 1 in 5 served at the state level or in federal court immediately prior
to appointment
○ Qualifications
■ There are virtually no formal qualifications, but informal qualifications are
numerous
● The Constitution and federal law are silent on qualifications for
Supreme Court justices and federal judges
● No exams are taken
● There are no age requirements
● U.S. citizenship is not necessary
● A law degree is not required
■ Informally:
● Professional competence - belief there should be some measure
of prior law practice and a law degree
● Political qualifications - due to the review function, knowledge of
political issues is helpful
● Political connections - those active in politics are more likely to
abe appointed
Document Summary
Judges are powerful and significant figures in the justice process. They are often described as triers of law. They are generally tasked with resolving any legal matter that comes before the court. They render a decision based on the facts presented by the prosecution and defense. At times, judges will serve as triers of law and fact (bench trial) The norm is to have previously served on the bench. Average age is 49 at time of appointment. 9 out of 10 have been the same political party as the president who appointed them. More likely to have been actively involved in their respective political parties prior to appointment. Since 1789, there have been 108 men and 4 women have served. Only 2 african-american and 1 hispanic judges have served, not other minorities. About 1 in 5 served at the state level or in federal court immediately prior to appointment. There are virtually no formal qualifications, but informal qualifications are numerous.
