Firecat Firecat:
Elevating a learned lawyer to a judge by popular vote is comparable to certifying a medical practitioner the same way. You would be asking laymen to assess someone's legal skills and judgement bsed on a campaign that can only become MORE not LESS political. Do you want a judge beholden to a rich businessman or consortium or other interest to be the one hearing a case involving them?
One reason: ACCOUNTABILITY. The system is set up currently where a political party appoints someone who they believe will best represent their particular politics. A direct election allows the candidate to be scrutinised by the electorate on their views about early parole, sentence length and enforcement, bail etc. It allows the community to decide what kind of person should be permitted to sit in judgement of them. By your assessment of laymen then we should no longer allow the ultimate in jurisprudence: Juries?
Firecat Firecat:
That makes as much sense as having your own job (assuming you aren't holding an elected office) appointed that way.
The law must be dispassionate; the electorate is never so.
The judicial decisoins from an elected judge might be more popular but they wouldn't necessarily be "just."
And the decisions by an appointed and UNACCOUNTABLE judge may be more politically correct but are definitely not more just. How many levels do you want to remove Judges from those they are supposed to preside over?
Firecat Firecat:
Six months ago most of the nation still firmly believed in their hearts that Maher Arar was guilty of something or he wouldn't have been arrested in the first place. Turns out after dispassionate and thorough review he was innocent. This is still not a popular conclusion to some but it is the right one. Popular is not always right. I prefer my judges accountable to no one who financed their campaign thanks.
Rules can easily be put in place to prevent single or major source campaign financiers. This is a very weak argument. Additionally, the decisions will still be controversial but they will be ACCOUNTABLE.
Firecat Firecat:
I also prefer that they be nominated by their peers as someone who has earned respect within that community of specialists, not someone who is elected because they are good rabble-rousers. Let the medical practitioners be the ones to certify someone's medical practices to be sound; Let the orchestra conductor determine which violinist has what it takes to be soloist.
Doesn’t apply with a conductor or medical practitioners as they are judged by ability. There is ACCOUNTABILITY built into each of those systems with a poor doctor being unable to practice through either excessive malpractice insurance or peer removal. For the conductor he lives and dies on his merit. The judge operates with impunity.
Firecat Firecat:
Do you want the most popular surgeon or the best one, and Who do you think is best qualified to determine who is the "best?"
The most popular will likely be the best and those who are most qualified to determine are those who vote with their dollars. If you don’t like my views on judicial integrity you’ll hate them on healthcare.
Firecat Firecat:
Remember Dubya got elected, proving any moron with the right backing can be elected.
I remember reading how the engineers of Google based their search engine on a study done by a university on the accuracy of the masses. As one of their test they reportedly asked people to guess the weight of an ox. They sampled thousands of people of all ages, sexes and cross cultures. What they found is that no one individual even came close but combined they were within several grams of the actual weight. This became the overwhelming realisation of the researchers. The large the sampling the more accurate the results.
Only a free people can choose who sits in judgement of their accusations.