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this post was submitted on 14 Sep 2024
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The problem is that the judges often use their decisions to campaign instead of simply applying the law. So they might give an unpopular criminal defendant a harsher sentence to look tough on crime or even tilt a trial against an innocent defendant. Not that doesn't happen with judges that are appointed by the executive, but it's usually not as bad.
"usually not as bad" requires a citation, since we can point to lots of evidence of systemic injustice in sentencing as it is. example
What you are describing is a judge pursuing an agenda and/or having an unconscious bias, which is what we have already. That's the thing I keep getting with objections to voting in judges, problems that we already have presented as though they only apply to elected judges, or problems that would be demonstrably less bad with popular input.
Via the Brennan Center. Elected judges are more punitive and more likely to rule against defendants.
As far as I can tell, that's mostly not what the study says. What it is saying is that the event of a judicial election and the pressures associated therewith demonstrably cause systemic disadvantage to defendants and appellants near election time, but it doesn't actually address how the overall rulings of elected judges compare to appointed judges except for one study it mentions that does say, in your defense, that they [elected judges] reverse death sentences less often in the states that have the death penalty. However it goes on to say:
And later says:
And that's really the full extent to which it addresses the subject of appointment.