BCJ 3301
Judges and Prosecutors
Columbia Southern University
BCJ 3301: Judicial Process
Judges and Prosecutors
Just like armed police officers in their distinctive uniforms, judges in black robes, sitting
behind intimidating benches armed with gavels and the authority that comes with their
positions. So what is a judge? According to Encyclopedia Britannica (2021), a judge is “a
public official vested with the authority to hear, determine, and preside over legal matters
brought in a court of law”. From traffic court to the Supreme Court, judges will hand out
rulings that will more than likely change the paths of a person’s life and often leave permanent
impressions on the justice system itself. “Judges are regularly referred to as trier of law. Trier
of law or finder of law, is a label often affixed to a judge meaning they are generally tasked with
resolving any legal matter that comes before the court” (Siegel, Schmalleger, & Worrall, 2018,
pg. 168).
Now the counterpart of a trier of law is a trier of fact. “Trier of fact or finder of fact
refers to the role of a juror (in a jury trial) or a judge (in a bench trial) that requires one or the
other to listen to the facts presented by the prosecution and the defense and then render a
decision based on which side made the more convincing case” (Siegel, Schmalleger, &
Worrall,
2018, pg. 168). Predominantly, this would take place in a bench trial, where the judge will
basically replace the jury because a defendant waived his or her constitutional right to a
jury
trial. Furthermore, in cases involving minor offenses such as misdemeanors, it is unusual to
have a jury trial, so this would require judges do more than just decide on the legal ins and outs
, in the cases (Siegel, Schmalleger, & Worrall, 2018). As there are federal and state laws, there are
federal and state judges as well.
Federal judges a presidentially appointed, senate approved and serve for life; there are
a whole lot less federal judges as compared to the state. “The federal bench has attracted
people from a relatively select demographic, such as the middle and upper middle class and
the
probabilities of an individual getting appointed to this elite position is somewhat low. The most
observable of these judges are the district court judges, the appellate court judges and the
Supreme Court justices,” (Siegel, Schmalleger, & Worrall, 2018, pg. 169).
According to U.S. Courts (n.d.), “a district court judge sits in one of ninety-four
districts or a trial court across the United States, handles civil and criminal cases and is
generally responsible for supervising the pretrial process and conducting trials”. It is normal
for these judges to have previously served on the bench at the state or local levels, most are
male with a large number having graduated from an Ivy League school or private university.
In regards to their political association, roughly ninety percent of elected judges have been
identical to the presidential party who appointed them (Siegel, Schmalleger, & Worrall, 2018,
pg. 171).
As per U.S. Courts (n.d.), “appellate court judges, also known as circuit judges, sit in one
of the twelve regional circuits across the United States, or the Federal Circuit. They usually sit in
a panel of three judges and determine whether or not the law was applied correctly in the district
court, also known as trial court, as well as appeals from decisions of federal administrative
agencies and some original proceedings filed directly with the courts of appeals”. “These judges
are more likely to have graduated from an Ivy League or private university and are more likely
to have been actively involved in their respective political parties before arriving on the federal
bench” (Siegel, Schmalleger, & Worrall, 2018, pg. 171).
Judges and Prosecutors
Columbia Southern University
BCJ 3301: Judicial Process
Judges and Prosecutors
Just like armed police officers in their distinctive uniforms, judges in black robes, sitting
behind intimidating benches armed with gavels and the authority that comes with their
positions. So what is a judge? According to Encyclopedia Britannica (2021), a judge is “a
public official vested with the authority to hear, determine, and preside over legal matters
brought in a court of law”. From traffic court to the Supreme Court, judges will hand out
rulings that will more than likely change the paths of a person’s life and often leave permanent
impressions on the justice system itself. “Judges are regularly referred to as trier of law. Trier
of law or finder of law, is a label often affixed to a judge meaning they are generally tasked with
resolving any legal matter that comes before the court” (Siegel, Schmalleger, & Worrall, 2018,
pg. 168).
Now the counterpart of a trier of law is a trier of fact. “Trier of fact or finder of fact
refers to the role of a juror (in a jury trial) or a judge (in a bench trial) that requires one or the
other to listen to the facts presented by the prosecution and the defense and then render a
decision based on which side made the more convincing case” (Siegel, Schmalleger, &
Worrall,
2018, pg. 168). Predominantly, this would take place in a bench trial, where the judge will
basically replace the jury because a defendant waived his or her constitutional right to a
jury
trial. Furthermore, in cases involving minor offenses such as misdemeanors, it is unusual to
have a jury trial, so this would require judges do more than just decide on the legal ins and outs
, in the cases (Siegel, Schmalleger, & Worrall, 2018). As there are federal and state laws, there are
federal and state judges as well.
Federal judges a presidentially appointed, senate approved and serve for life; there are
a whole lot less federal judges as compared to the state. “The federal bench has attracted
people from a relatively select demographic, such as the middle and upper middle class and
the
probabilities of an individual getting appointed to this elite position is somewhat low. The most
observable of these judges are the district court judges, the appellate court judges and the
Supreme Court justices,” (Siegel, Schmalleger, & Worrall, 2018, pg. 169).
According to U.S. Courts (n.d.), “a district court judge sits in one of ninety-four
districts or a trial court across the United States, handles civil and criminal cases and is
generally responsible for supervising the pretrial process and conducting trials”. It is normal
for these judges to have previously served on the bench at the state or local levels, most are
male with a large number having graduated from an Ivy League school or private university.
In regards to their political association, roughly ninety percent of elected judges have been
identical to the presidential party who appointed them (Siegel, Schmalleger, & Worrall, 2018,
pg. 171).
As per U.S. Courts (n.d.), “appellate court judges, also known as circuit judges, sit in one
of the twelve regional circuits across the United States, or the Federal Circuit. They usually sit in
a panel of three judges and determine whether or not the law was applied correctly in the district
court, also known as trial court, as well as appeals from decisions of federal administrative
agencies and some original proceedings filed directly with the courts of appeals”. “These judges
are more likely to have graduated from an Ivy League or private university and are more likely
to have been actively involved in their respective political parties before arriving on the federal
bench” (Siegel, Schmalleger, & Worrall, 2018, pg. 171).
