NCJ Number
164912
Journal
Juvenile and Family Court Journal Volume: 47 Issue: 3 Dated: (Summer 1996) Pages: 61-83
Date Published
1996
Length
23 pages
Annotation
This article analyzes the importance of personal values in judicial decisionmaking, reviews guidelines that have been offered for the appropriate application of personal values in the judicial process, and suggests ways in which judicial education programs can help judges exercise their responsibility to apply values fairly and wisely.
Abstract
The work of several legal scholars indicates that the legal system expects and needs judges to call upon such personal characteristics as mercy, intuitiveness, insight, and personal understanding and that much of what judges are expected to do requires the exercise of personal values. The legal system should recognize the importance of personal values and define their limits and scope. Judges are invariably open to education about legal developments, and they should also be receptive to developments that form and reinforce their values. The challenge for judicial educators is to identify areas where new information is needed and present that new information in ways that constructively address the needs of judges for reaffirmation and development. The following guidelines are suggested for the application of personal values in judicial decisionmaking: (1) values should be consistent with applicable legal rules; (2) values should be factually supported; (3) actions of judges must be rational; (4) judges cannot rely on values that undermine more fundamental legal and societal values; (5) judges cannot rely on values that are rooted in prejudice, self-interest, or dishonesty; and (6) judges should consider direct and indirect consequences of their rulings when relying on their values. 88 notes