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Are criminal defendants the "real losers" when judges are elected?

By Douglas A. Berman

The National Law Journal has this interesting commentary discussing the impact of judicial elections on criminal justice, which is headlined "Only a partial win: The Caperton ruling, while welcome, does nothing to protect the real losers in judicial elections ? criminal defendants."  Here are excerpts: In its recent decision in Caperton v. Massey, the U.S. Supreme Court declared that an elected state court judge must recuse himself from a case involving his largest campaign donor. The decision is a victory for common sense and fundamental fairness. Unfortunately, however, it cannot help the real losers in the 39 states that elect rather than appoint judges ? those accused of crimes who rely on judges to protect their rights.... Again and again, judicial elections come down to accusations that an incumbent is soft on crime ? and yet these allegations are usually made by corporate interest groups that don't actually care about a judge's record in criminal cases, and thus that are willing to paint even the most justified ruling in favor of a criminal defendant as a danger to the community...continue to full post

Full post as published by Sentencing Law and Policy on June 17, 2009 (boomark / email).