According to Jona Meyer and Diana Ruth Grant,
the prosecutor and the defender play a vital role in the criminal justice
system. Inside the courtroom, they present a case from their own perspectives
and tend to come up with substantial evidence to ensure their success. A
distinctive trait both the defender and the prosecutor share is they aim to
convict a defendant of the crime to prevent the innocent person from being
punished. However, the way they present their theories is what the judge needs
to pay attention to (Meyer & Grant, 2003, p. 102). This source is useful
for my project because it provides enough details about the difference between
a defender and a prosecutor, and has a lot of details regarding how the mindset
of a judge is far more important than these two players. Unlike the defender,
the prosecutor frequently uses his appointed position to move up in the
prestige and power within the criminal justice system. Defenders either work
independently, charging the clients based on the nature of their cases, or are
hired and paid by the government (Meyer & Grant, 2003).
Justin Healey argues that the effectiveness
of the judicial system depends on the civil liberties and political rights of a
judge. If he is allowed to take unbiased decisions, then the overall system
will be positively impacted, and if some pressure is exerted on the judge to
make the wrong decisions, then it becomes impossible for him to contribute to
the prosperity of the nation (Healey, 2006, p. 54). The alignment of regulatory
and legislative frameworks is strongly required at this stage if the United
States government is serious about strengthening the overall economic,
political and social systems. Justin Healey’s source is useful and effective
because it encourages the public regarding the importance of cooperation and
coordination among the judge, the prosecutor, the defender and other criminal
justice actors. It emphases that the judge should deliver his commitments based
on the number of evidence provided by the two parties (Healey, 2006).
In the article titled Law and the Role of a Judge, Leslie Green clarifies that a judge’s
role in criminal proceedings has always been subject to controversies. He is
often challenged for some of his decisions or is asked to favor and support the
most powerful party. In recent years, judges have been accorded a lot of
responsibilities for case management. They listen to both the defender and the
prosecutor, carefully evaluate and examine the overall situation, adapt to the
rules and regulations and laws, and then take the final decision (Green, 2014,
p. 301). It’s safe to say that the legislative development in the sentencing
field has forced the reevaluation of a judge’s power to take decisions or to
sentence offenders. If the situation persists and judges are not given their
rights, then the criminal justice system will take on a new dimension where
everyone will be free to commit crimes or to make the wrong use of the power of
a judge. This source is useful because it proves that while acting judicially,
the judge is obligated to apply the laws, and it is how they can bring positive
changes in the society and can strengthen the criminal justice system to an
extent (Green, 2014).
In addition to studying the biological causes
of criminal behavior, David Abeling-Judge looked at the role of a judge in the
society. According to the expert, the society is influenced by the way a judge
solves different cases. This source
makes it clear that the growth of cities (urbanization) and the agricultural
economy (industrialization) largely depend on how well-versed the criminal
justice system is (Abeling-Judge, 2016, p. 1227). If it is weakened or the
judge is urged to take the wrong decisions, then the society as a whole gets
impacted. Most of the problems can be solved if judges are allowed to
critically evaluate different cases, to work as a team, and to reduce the
number of crimes by punishing the offenders (Abeling-Judge, 2016).
Jason A. Cantone studied the psychological
patterns of judging a few years ago and published an article in 2016, shedding
light on the way a judge uses his mental and physical capabilities to solve
different cases (Cantone, 2016, p. 19). If the judge and the jury are working
side-by-side, then the chances of taking the wrong decisions are low. However,
if a judge works alone, then his decision might be challenged by the public,
the media or the government. This source is useful because it provides a
significant number of examples about how the behavior of a judge changes while
working with and without the jury (Cantone, 2016).
References
Meyer, J., & Grant, D. R. (2003). The Courts
in Our Criminal Justice System. Upper Saddle River, NJ: Prentice Hall.
Cantone, J. A. (2016). Why Judges Are Applied
Psychologists. PsycCritiques, 61(27).
doi:10.1037/a0040354
Abeling-Judge, D. (2016). Different Social Influences and
Desistance From Crime. Criminal Justice and Behavior, 43(9),
1225-1241. doi:10.1177/0093854816652639
Green, L. (2014). Law and the Role of a Judge. SSRN
Electronic Journal. doi:10.2139/ssrn.2495953
Healey, J. (2006). Criminal Justice.
Thirroul, N.S.W.: Spinney Press.
