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Critics strongly disagree. They note that judges are required to follow the law, consider evidence, and apply constitutional protections β including the presumption of innocence. Bail and release decisions are often guided by statutes, risk assessments, and prosecutorial recommendations. Holding judges criminally liable for decisions made within legal frameworks, they argue, could threaten judicial independence and undermine the justice system.
How Judicial Accountability Works
Judges are not above the law, but they operate under specific protections designed to preserve impartial decision-making. If a judge is accused of misconduct, there are established processes such as:
- Judicial conduct review boards
- Appeals courts reviewing decisions
- Impeachment or removal proceedings in serious cases
The Bigger Debate
The broader conversation touches on bail reform, public safety, constitutional rights, and the role of discretion in the courtroom. In many jurisdictions, laws limit when judges can deny bail, especially before a conviction. Others have revised policies in response to rising concerns about repeat offenses.
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