Examine at least two (2) ethical concerns surrounding supranational courts that may have an influence on the United States’ reluctance to ratify the Rome Statute. Express the extent to which you agree these ethical concerns are valid. Provide support for your response.
According to the textbook, judicial independence is a driving principle in the court system. Determine at least two (2) factors that can impede this principle and debate the extent to which the court system can overcome each factor.
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RESPOND TO FOLLOWING STATEMENT:
One of the factors that can impede judicial independence is a judge that makes rulings based off of their political views or influences from their leaders. A persons freedoms should never be taken away based on a political leaders perspectives. If that was the case in the United States there would be different perspectives every four years. The judges may stay the same but the political leaders will change. This can cause an uncertainty in the consistency of the court system. A defendant will not get a consistent verdict when the decisions are based off personal opinions and not evidence in court. The main information that is relevant in a trial is evidence. A personal opinion is not needed in a trial. A court system can avoid this factor by looking at the law and ruling on its exact words. Also take in account the facts of the case and relay the decision based off of it. Judicial review is a good tool to use when seeking a fair decision. This holds the judges accountable for their decisions in reviews their behaviors. I think that the appeal process is a good way to prevent an unfair decision as well. An appeal gives the defendant a chance to go to another judge that may not be politicized.
Another factor that can impede judicial independence is corruption. Any judge that accepts bribes, receives favors, or gives someone professional gains in return for certain court decisions can destroy the whole system (Gloppen, 2014). This is where it is important to hold judges accountable for their actions. The judges are not above the law and should not act like it. They actually should be held to a higher standard because they have the fate of others hanging in their decisions. When a judge separates themselves from the government influence or persuasion from politics then the court can be truly independent and fair.