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Judicial Corruption Essay Judicial Corruption Essay Judicial corruption occurs when judges are unwilling or unable to act as independent and neutral arbiters.
Corrupt judges abuse their authority for personal gain, accepting bribes from parties before the court, or embezzling court funds. Alternately, judicial corruption may result from the politicization of the judiciary, with powerful government officials interfering in court proceedings and compromising the independence of the judiciary.
The occurrence of any type of judicial corruption distorts the judicial process in favor of the powerful and well connected and deprives average citizens of their right to a fair hearing before an impartial judge.
Defining Corruption Transparency International, a watchdog group that monitors global corruption, distinguishes between two main types of judicial corruption. The first Corrupt essay file of corruption is bribery; this occurs when judges use their authority for personal, material gain.
For example, a judge may refuse to hear a case or admit evidence unless a party before the court provides a financial incentive.
This type of judicial corruption has been documented in virtually every country. The second type of Corrupt essay file occurs when there is inappropriate political influence over the judiciary; this type of corruption is far more prevalent in the developing world.
Here, judicial appointments are a form of political patronage. As a result, the independence of the entire judiciary is compromised, and judges are compelled to issue rulings favorable to political and business elites. Moreover, other actors in the judicial branch, including lawyers, prosecutors, and police officers, are also corrupted, acting on behalf of the ruling party or powerful private interests, such as organized crime or drug cartels.
This type of entrenched judicial corruption has far-reaching consequences. Most basically, corrupt judicial systems deny individuals the right to a fair trial, a right that is enshrined in both national constitutions and international human rights treaties.
Moreover, the prevalence of judicial corruption undercuts public trust in the government, and an uncertain legal environment discourages economic growth. Judicial Independence in the United States In the United States, a clear constitutional separation between the judicial branch and the elected branches of government has largely prevented the corruption of the judiciary.
Specifically, federal judges are nominated by the president and must be confirmed by the Senate. Although presidents frequently nominate judges who share their political views, judicial selection is based on merit considerations, such as academic credentials and prior legal experience.
Since judicial appointments are not a form of patronage, once they are on the bench, judges are autonomous actors; as such, they are not beholden to the partisan or ideological preferences of elected officials.
Overall, the professionalization of the U. Alexander Hamilton, in Federalist No. Constitution protects judicial independence in several ways. Finally, the process for impeaching federal judges is complex, preventing impeachment from being used as political cudgel against judges who make unpopular decisions.
According to Article II of the U. At the conclusion of the trial, a federal judge can only be removed from office if convicted by a two-thirds vote. The removal of federal judges is rare; sinceonly 15 judges have been impeached, and of those, only eight judges were convicted by the Senate and removed from office.
Here, a key challenge is designing measures that effectively police judicial behavior and prevent corruption, without encroaching upon the independence of the judiciary. Most basically, in the United States all federal judges below the level of the Supreme Court are expected to adhere to the canons of the Code of Conduct for United States Judges, adopted in by the Judicial Conference of the United States.
The document prescribes rules for maintaining the impartiality of the federal judiciary; for example, judges are banned from holding leadership positions in political organizations, and judges are expected to disqualify themselves from cases in which they hold a personal interest.
Judges who fail to adhere to the code may be subject to administrative sanction. In order to preserve judicial independence, investigations into misconduct are undertaken by a committee of judges; the committee is solely responsible for determining guilt and recommending administrative sanction.
According to scholar Mary Volcansek, in the decade following the implementation of the JCDA, more than 1, complaints were filed against federal judges. The vast majority were dismissed or withdrawn, and only complaints were investigated.Essay on anti corruption pdf files.
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