nice_cunt69 t1_iuitnmy wrote on October 31, 2022 at 5:32 PM

Reply to comment by College_Prestige in "Two-Finger Test To Confirm Rape Patriarchal, Sexist": Indian Supreme Court by dynamicEntr0py

You're right, it has led to a culture of nepotism in the judiciary. But I also want to avoid an American scenario with politicians choosing the judges, idk what the right answer is.

EDMlawyer t1_iuj5nya wrote on October 31, 2022 at 6:51 PM

Canadian courts have a good balance I think. A shortlist is created by experts of qualified candidates, the elected officials appoint from that list. A judicial review committee exists to evaluate misconduct, and the Chief judge of each (lower) jurisdiction can decline renewals of appointments.

The lower level elected US judges is a bad idea IMO. The whole point of a judiciary is to not be beholden to any interest other than the law - be it public opinion, the party in power, what have you. It's a philosophical issue I have though.

Skeletore-full-power t1_iujfm9t wrote on October 31, 2022 at 7:58 PM

> The lower level elected US judges is a bad idea IMO.

the idea is that their are 50 states each with their own laws and things. so electing judges that represent your states interest makes sense. in canada isn't there no distinction between criminal courts, it's all federal isn't it.

College_Prestige t1_iujgfjl wrote on October 31, 2022 at 8:03 PM

Judges are harsher near election season. It's a terrible idea to have elections for judicial posts. 2 people committing identical crimes under the same legal environment shouldn't get different punishments

Skeletore-full-power t1_iuji2a4 wrote on October 31, 2022 at 8:14 PM

that's more a prosecutor problem than a judge problem. a judge doesn't have to punish any crime if none come to their table.

look at those california prosecutors who just refuse to prosecute.

Skeletore-full-power t1_iujfbqe wrote on October 31, 2022 at 7:56 PM

america has local elected judges and federal appointed judges. so a state like california has all the judges elected from local traffic court all the way to state supreme court. so their is some balance to it since local judges are who's going to be deciding factors in your day to day life.