SOC205 - WEEK 7 - DISCUSSION 2

SOCIETY, LAW AND GOVERNMENT

"Legal Subculture"

Describe the key roles that you believe legal subculture described in Chapter 12 plays in a courtroom setting. Examine the effect that each of these roles has on a judge’s decision- making process when he / she is hearing a case. Provide a rationale in your response.

The legal subculture acts as a source for the trial judge in decision making and enables the focusing on a number of specific questions. In the compiling of thought or contemplation of what the rules are, practices and norms of this subculture would involve the nature of entertaining or structuralized assertion of legal reasoning and its procedural play of steps in processing similarities between cases and a rule of law that has it inherency derived from the first case and then subsequently used in applicable order to the second case based upon the emulatory fashion.

In a court room sitting the legal subculture is decisive and plaintive and plays upon first the sacred doctrine of stare decisis, adherence to past rulings allows the endowment of the law to retain predictability, continuity, restraint and originality in the formation of new laws.

Therefore, since reasoning, precedent and restraint are inherent to legal values established in the United States wherein due formation evolved in law schools, bar associations, judicial councils and groupings that compile the legal tendre and processes.

The indoctrination is prevalent in the schools as well as in the courts to fulfill and uphold all value of the legal subculture that cause a causal effect of repetition and subsequent relayance from generation to generation. Further as part of the legal subculture it is also reflective participation of fairness, based upon evidence, sound judicial reasoning, precedent as opposed to a base factor of political identification.

The effect that each of these roles has on a judge’s decision making process when he or she is hearing a case is good in facilitating objectivity, impartiality, consistency and allocation of right vs wrong and appropriate penalties. Thereby, this act becomes criteria and blood united by the Constitution to fairness.

Given the discussion on legal subcultures in Chapter 12 of the text, identify at least two (2) of the relative strengths and weaknesses found in legal subcultures. Describe the primary reasons why you believe your chosen attributes aid in the decision-making process of court systems. Provide a rationale for your response.

The relative strength I found in legal subculture lay first in the leverage of fairness and procedural processes. Two weaknesses found in the legal subculture lay in participant limitations that range from a prior case to be heard to prove another as fair and its subsequent limitations because all factors and variable are equated the same or equitable and they are not. Another weakness I found parallel to is that each judge prior experience or rearing serves in a differing scale of judgment and sometimes these differences cause an unnatural bias and a folly in viewing fairly and judgment.

Thank you.

Felicia

SOCIETY, LAW AND GOVERNMENT
WEEK 7 - DISCUSSION 2
RESPONSE TO CO-STUDENT

I enjoyed reading your post and I agree that the legal subculture is indeed a different kind of arena with laws, criteria, standards and procedural policy.

Also, quite effective is the judicial restraint that prevent marchings to one's own drum.

Thank you.

Felicia