Ethics and Judges Federal Essay

Pages: 4 (1094 words)  ·  Bibliography Sources: 2  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business - Ethics

SAMPLE EXCERPT . . .

It is very difficult not to make the case that different judges allow personal, or some other outside force, to influence their sentences when there was such a disparity among sentences for similar crimes. Next, Canon three of the Code of Conduct for United States Judges requires that "a judge should perform the duties of the office fairly, impartially, and diligently." ("Code of Conduct for United States Judges") Not only does this require a judge to remain courteous and respectful to everyone in their courtroom, but is requires a judge to act in a fair and impartial manner. In respect to sentencing guidelines, this means that a judge should not be swayed by public opinion, political interests, or the words of critics. In the past, however, the high irregularity among sentences indicates that judges were possibly being swayed by these influences and therefore Congress was forced to act.

The final two canons of the code of conduct involves extrajudicial activities such as speaking, teaching, financial interests, social, political, and civic activities, and other such actions. Canon four states that "a judge may engage in extrajudicial activities that are consistent with the obligations of judicial office," while Canon five asserts that "a judge should refrain from political activity." ("Code of Conduct for United States Judges") While these too ensure that a judges behavior remains impartial, as well as retaining the appearance of impartiality, a judges financial and political activities had little influence over their sentencing of convicted criminals.Download full Download Microsoft Word File
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TOPIC: Essay on Ethics and Judges Federal Judges Assignment

It would appear that the system of ethics created and enforced by the United States Judiciary failed in a number of the guidelines created for maintaining an effective code of conduct. First of all, the judiciary never set their own standards for sentencing which ensured that there would be a disparity among sentences for similar crimes. Since there were no standards set, there was no overall authority assigned to ensure fairness among sentences. The judges making up the judiciary had a great deal of latitude when it came to sentences, and therefore the judiciary had delegated authority to some judges who allowed outside forces or personal feelings to influence their sentences. And since there was no consistent enforcement of sentences throughout the judiciary, the judges failed to adequately discipline the members of their profession. And when it became apparent that there were many different criminals receiving very different sentences for the same crime, the judiciary did nothing to address the issue, failing to observe the final criteria for an effective code of conduct. It would appear that the Federal judiciary had in place a code of conduct that was based on the set of guidelines for an effective code of ethics, however, their failure to correctly interpret and implement their own ethical code forced a separate branch of government to act to do so.

References

"Section II: The Federal Sentencing Guidelines Model." Ethics Resource Center.

Retrieved from http://fsgo.ethics.org/Section+II

"Code of Conduct for United States Judges" United States Courts. Retrieved from http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct/CodeConductUnitedStatesJudges.aspx [END OF PREVIEW] . . . READ MORE

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https://www.essaytown.com/subjects/paper/ethics-judges-federal/3444975.