Even though judges’ function is to hear cases and decide who is guilty, they can misbehave by themselves. It refers to those situations when these officials fail to follow the highest standards of professional conduct, leading to specific issues. In such cases, sanctions should be applied to judges, but many experts state that this practice is underutilized. Thus, the paper will explain that the necessity to sanction a judge depends on the type of their misconduct and describe how these measures should be implemented.
It is possible to find different types of judges’ misconduct. Hartley et al. (2017) state that these wrongful practices include exhibiting prejudice in evidentiary rulings, aggravating or mitigating sentences, and accepting bribes. Simultaneously, it is reasonable to consider less impactful examples such as inexperience, harmful errors, court delays, and disparate sentences (Hartley et al., 2017). There is no doubt that these types of misconduct can imply different consequences, meaning that they should invoke appropriate sanctions. I believe that sanctions should be imposed in those cases when judges’ behavior affects decisions. For example, it refers to accepting bribes, modifying sentences, and expressing prejudice. It seems that establishing discipline commissions is an optimal strategy to punish judges because these bodies can monitor their activity and determine whether misconduct is present. Such commissions can also be effective in identifying whether sanctions are required for minor issues.
In conclusion, sanctions are necessary when judges’ misconduct leads to severe consequences implying, for example, that a guilty individual can escape punishment. In this case, discipline commissions are suitable to oversee judges’ professional activity and implement sanctions. Furthermore, such bodies are helpful since they can draw attention to minor mistakes and determine whether they deserve sanctions. Thus, the type of misconduct indicates whether and what sanctions should be implemented.
Reference
Hartley, R. D., Rabe, G. A., & Champion D. J. (2017). Criminal courts: Structure, process, and issues (4th ed.). Pearson.