Author Question: Several justices resigning or retiring from Texas high courts have been critical of the state's ... (Read 22 times)

fnuegbu · **on:** Jul 8, 2018

Several justices resigning or retiring from Texas high courts have been critical of the state's system of judicial elections. Why have they found the system problematic? Should the state change its method of choosing judges? Defend your answer.

What will be an ideal response?

Question 2

What are the inherent tensions or conflicts between the rights of the criminal and the rights of society at large? Should the use of capital punishment be reconsidered? Defend your answer.

What will be an ideal response?

firehawk60 · **Reply #1 on:** Jul 8, 2018

Answer to Question 1

Answer: An ideal response will:
1. Explain that the election system forces candidates to raise large sums of money for campaigns.
2. Explain that campaign contributions can be linked to judges' decisions on cases.
3. Note that fundraising and campaign contributions can create an appearance of impropriety (even in the absence of it) and undermine public confidence in the independence of the judiciary.
4. State and defend a position regarding judicial selection/elections.

Answer to Question 2

Answer: An ideal response will:
1. Explain the rights of those accused of crimes, including the American system of innocent until proven guilty, Miranda rights, and jury trials.
2. Explain the creation of the penal code and the responsibility to enforce it and protect society from offenses.
3. Indicate how rights of the accused may present difficulties for prosecutors while overzealous prosecution can lead to violations of rights of the accused.
4. Explain protections against cruel and unusual punishment under the U.S. Constitution.
5. State and defend a position regarding capital punishment.