SOC205 - WEEK 9 - DISCUSSION 2

SOCIETY, LAW AND GOVERNMENT

"Implementing Court Policies"

Describe the fundamental reasons why the executive branch of the government may be unable or unwilling to implement court decisions. Discuss the impact that such inability or unwillingness has on the court’s decisions in general and the effect on the overall court system in particular.

The fundamental reason why the executive branch of the government may be unable or unwilling to implement court decision may be due to possible unease or lack of reception to a policy. Further because of the levels of complexity the weighing of effects have to be done prior to the “ok” process of granting favor. Therefore, acts and words sometimes can be misconstrued as support and because of the level of power some actions have to be restrained and studied prior to being an influence.

Further the president has a lot of influential sway and due to the knowledge and acknowledgment of the causal effect of his or her action this can be a process that may be viewed in a negative fashion and portray him or her differently in the eyes of public, populace and world.

Consequently, the president realizes that lower federal judges are important in the judicial policymaking process he or she may defer the active participation to them by appointing lower judges who have the same ideologies and values. Also, the Justice Department is also a facilitator that allows the president to effectively change policy and work on behalf of the president.

In consequence, this allows the president to prevail upon the knowledge, expertise and experience of all branches of Congress, Supreme Court, federal court, appeals courts, Justice Department and other levels.

Suggest possible remedies that may be available to the judges to overcome issues that may arise from implementing court decisions. Discuss two (2) overall strategies that a judge can utilize to implement decisions when verdicts are given by a jury. Provide a rationale for your response.

Possible remedies that may be available to the judge to overcome issues that may arise from implementing court decisions consist of correcting a wrong by utilizing an equitable decree, process remedies, performance standards and specified remedial actions. Therefore, to ensure implementation these remedies are delegated to the state legislators.

Strategies that a judge can utilize to implement decision when verdicts are given by a jury would include:

Delegation
Assignment
Referral

When the active state requires a delegation these too whether a jury is availed in the process of rendering a judgment or not this act is supported by those who ensures the judgment is carried out.

Assignment as with all working of Judicial Process can be done if said jury is locked and the judge feels a need to assign the case to another court.

Lastly, the referral process comes if the jury has indeed made a judgment that does not clarify the law and said verdict is incapable of being established as a right then this does allow the ability to remand, dismiss judgment and refer to another court as well.

Thank you.

Felicia

SOCIETY, LAW AND GOVERNMENT
WEEK 9 - DISCUSSION 2
RESPONSE TO CO-STUDENT

I agree with some of your post, but I don't feel that the unwillingness is centered around bias or is gender oriented. I feel that caution and ripple effects are more the fact when analyzing how it will be received and consequential acts that may follow. Nor do I feel that a nature of confidentiality exist. If it was none would allow submission or viewing.

I agree that implementation affects more than one race or segment. Processing a decision in steps of implementation is conclusively a status that allows change and remedies.

Thank you.

Felicia