U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Rhetoric of a Liberal Judiciary

NCJ Number
237436
Journal
Critical Issues in Justice and Politics Volume: 2 Issue: 2 Dated: June 2009 Pages: 41-56
Author(s)
Michael Bogner; Luke Perry
Date Published
June 2009
Length
16 pages
Annotation
This paper summarizes research on criminal justice related rulings of "liberal" appointees.
Abstract
Partisan efforts to limit judicial discretion and the role of judges have intensified over the last decade. This was done through a rhetorical campaign designed to enhance scrutiny and oversight of "activist" or "liberal" judges. This research highlights these activities and examines the political motivations, the measure of public support, and the difficulties in using general labels such as "liberal" when discussing the judiciary. The core of the paper summarizes research on criminal justice related rulings of "liberal" appointees. The authors conclude that this research consistently indicates that judicial rulings do not support the rhetoric of a "liberal" judiciary and recommend that a deeper understanding of liberalism be adopted when evaluating the judiciary, similar research is conducted at the State level, and this evidence be used to refine criticism of the judiciary as a whole. (Published Abstract)