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by Erik816 3373 days ago
I think some of those factors are relevant, others less so. For example, in most jurisdictions judges are probably seeing the same defense lawyers just as much as they are seeing the same prosecutors. Also, whether it is beneficial to be "tough on crime" will depend on the jurisdiction. And then of course you have Federal Judges, who are appointed for life and thus not subject to that factor. I clerked for a Federal Judge in San Francisco, and he was very liberal. He thought through each case carefully and definitely wanted to know all of the relevant law, whether that came from the parties or from my own research.

But, even if all of those factors are in play, the most conservative, "tough on crime" judge sure as hell better care more about the rule of law than they do about an outcome in any one particular case. They need both parties to accurately represent what the law is so they can make correct decisions, even when those decisions are sometimes judgement calls that might more often go for the defense or the prosecution depending on the particular judge. Realpolitik should not infringe on respect for the rule of law, and to the extent it has that is a serious problem. I understand being cynical, but if that is how intelligent people view our judicial system working, then we are screwed as a country.