NCJ Number
197271
Journal
Judicial Officers' Bulletin Volume: 14 Issue: 4 Dated: May 2002 Pages: 25-28,32
Date Published
May 2002
Length
5 pages
Annotation
The author discusses the pressures and issues facing judges who preside over high profile and socially volatile cases.
Abstract
The author explains that traditionally, international tribunals made up of a panel of judges would decide international/political cases without the use of a jury. However, international tribunals are expensive to operate, so the author contends that more of these matters will be settled in the national courts. As such, these judges face many issues and problems when it comes to presiding over highly political and volatile cases such as the World Trade Center tragedy. First, the author notes that it can be difficult to remain objective and dispassionate when hearing particularly volatile cases. Second, the judge warns that the considerable publicity that follows these types of cases can have an adverse affect on the case. Even more important, the author contends, are the problems of judicial independence and the pressure that the victim and public expectations will place on the judge. First, it is important for a judge in these cases to be unencumbered with political aspirations that may cloud his or her judgment of the case on its own merits. Second, in highly politicized cases, the judge will be aware of an intense pressure arising from the expectations of the victims and the public. In the opinion of the author, it is wise to try these types of cases by a panel of judges rather than a jury. The author notes that even in so doing, the incredible pressure the judge will feel in such cases will remain. Notes