Tuesday, August 24, 2010

Do judges have too much control over our lives? is too much power put into these humans hands?

Judges can have an amazing amount of power. They can tell you may not have contact with and take children away from their parents. You have little recourse except to file motions and appeals and really only lawyers have the know how, so it adds another layer.Do judges have too much control over our lives? is too much power put into these humans hands?
Absolutely not. Judges are bound by the law. In most instances they have very little lattitude in what they can and cannot do. Their discretion is usually limited to management of their cases and evidentiary rulings. If they screw up, the appeals process provides a correction process.





The legislature makes a great deal of the law and the judiciary provides a check on the legislature within state and federal constitutional guidelines, either upholding or striking them down when they are unconstitutional. Judges interpret the laws made by the legislature to ascertain what they mean and how they should be applied so that the public can understand the law.





Judges also follow precedent to ensure consistency in the application of the laws. If the legislature doesn't like the way cases are being decided, they can supersede common law by enacting new statutes. The entire system has checks and balances so that neither the judiciary nor the legislature has exclusive control over our lives.

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