Question

1. Why do the Supreme Court justices have lifetime terms? Do you think this reasonable, or should they be elected? Should any public official have a lifetime position?

2. Is it possible for justices and judges to be biased in their decision-making? Explain

3. Is the Justice (Judicial) system "Just" (fair)?

Answer 1

Q: 1. Why do the Supreme Court justices have lifetime terms? Do you think this reasonable, or should they be elected? Should any public official have a lifetime position?

A: US Supreme Court justices enjoy liftetime tenure under the US Constitution. The ground for this is to ensure complete independence of the justices and do not have to be beholden to anybody once appointed to the bench. The bench must be unbiased and non-partisan. No, it is not reasonable and they should be appointed by an independent autonomous body which is separate from the government for a fixed tenure, and justices should not be elected to avoid being beholden to the electorate/vote bank. Justices should not enjoy lifetime tenure as in old age they may get infirm and also so that in case the judge is a bad apple, the people don't have to suffer a lifetime of miscarriage of justice while appearing before such a bench.

Q-2: Is it possible for justices and judges to be biased in their decision-making? Explain.

A: Yes, it is possible for justices and judges to be biased in their decision-making.

However this premise and promise holds good only in theory, for justices and judges are after all, human beings, and human beings will naturally be involved with their families, friends, and neighbours in their free/off time, brother and sister judges who are likely to discuss on pending cases in judges chambers or in their official residences/quarters, media reports, political/government influence or interference, senior advocates/district attorneys who can bear influence based on their profile, government backing, media backing, and seniority when appearing before the bench to argue a matter, personal bias, halo effect, etc., which will bring into influence and affect the decision-making ability allowing scope for biases in the justices decision-making abilities. There, are of course, a few exceptions and always some great professional justices who only go by the law both in letter and in spirit.

Q-3: Is the Justice (Judicial) system "Just" (fair)?

A: There is a saying, "Justice - You get justice in the next world, in this world you have the law." - From A Frolic of His Own by William Gaddis.

This sums up the answer to this question quite well and is apt in the true practical sense.

It is necessary to understand that until and unless the judicial process is expedited since justice delayed is justice denied, made affordable, discretionary powers of justices are limited in the interpretation of laws to prevent arbitary powers on passing orders, the jury system and selection veto powers are not made responsible, plea bargaining powers of state prosecutors and district attorneys are not put under control there will always be loopholes and lacunae for people to take advantage of the system. Professional conduct of the officers of the court - lawyers, clerks, court staff, etc., must be regulated and monitored closely. So, until and unless practical issues are not sorted and made adequate, the justice system will remain filled with its imperfections, and thus, unfair.