References: Both the Constitution and federal laws guarantee the right to appeal. [ LINK ]

References: Backups are common, but cases are acted upon quickly. See: "The Changing Face of U.S. Courts,", [ LINK ]

Peer Review Comments: But there are delays and lengthy proceedings due to backlogs.

References: "While all citizens have access to the appeals process, attorney-related costs can be especially burdensome for lower-income appellants. In addition, empirical data suggests lower-income systems are adversely affected by the lack of legal counsel. The Impact of Legal Counsel on Outcomes for Poor Tenants in New York City's Housing Court: Results of a Randomized Experiment Carroll Seron; Martin Frankel; Gregg Van Ryzin; Jean Kovath, Law & Society Review Vol. 35, No. 2 (2001), pp. 419-434.

References: The U.S. judicial system relies heavily on written law and precedence to guide decisions. [ LINK ]

Peer Review Comments: This could be strengthened a bit by a bit more description, one that could include the fact that in the common law system, judges do look to written law in the form of statute but also rely on case law.

References: Judicial decisions are enforced by the relevant federal, state or local jurisdictions. Richard Van Duizend, "The American Court System: Long Traditions, New Directions." [ LINK ]

Peer Review Comments: You may want to identify the enforcement mechanisms in the comment section.

References: Independence is assured by Article III of the Constitution, which guarantees life tenures for federal judges. As the Brennan Center notes, however, state judges usually do not have such protection, even under state constitutions. Most state judges do not enjoy life tenure, and approximately 80% of them must stand for some form of popular election." [ LINK ]

Peer Review Comments: Federal judges can only be removed through impeachment for "treason, bribery or other high crimes and misdemeanors." In the history of the United States, federal judicial impeachment has been very rare.

References: Federal judges enjoy considerable independence, despite being politically appointed by the president. Supreme Court Justice David Souter, for example, was nominated by President Bush's father but has proved a solid liberal vote on most issues. "Miers Makes Rounds On Hill; Some Senators Remain Skeptical," Washington Post, October 7, 2005.

Peer Review Comments: Unless a judge is impeached and removed from office, his or her salary cannot be diminished during his or her tenure.

Peer Review Comments: You could also add reference to elections of judges in many states, and the arguments that this can open judges up to political and other influences.

References: Federal cases are distributed geographically. [ LINK ] and [ LINK ]

Peer Review Comments: Cases within jurisdictions are usually distributed at random to judges of that jurisdiction. See: [ LINK ]

Peer Review Comments: I think the indicator is about court administration and case management, i.e. how cases are distributed to individual judges and panels within individual courts. Typically, there are systems in place for random case assignment that guard against collusions or conflicts of interest. There are also rules on conflict of interest and recusal to prevent corruption and, just as important, to deal with the perception of corruption.

References: Federal judges can be removed only for "treason, bribery, and other high crimes and misdemeanors." In addition, federal judges' salaries cannot be reduced while they are in office. As a result, the decisions of federal judges cannot be influenced by the threat of losing their jobs or income. [ LINK ]

Peer Review Comments: Discuss judicial disciplinary procedures. See the Administrative Office of U.S. Courts and judicial ethics.

References: While the security of judges is an increasing concern, bodily harm and assault has not been related to corruption cases. "Durbin, Obama Ask Attorney General To Help Immediately Release Funding for Judicial Security," Press Release, Senator Barak Obama, December 2, 2005.

Peer Review Comments: Try the Administrative Office of the U.S. Courts for information on judicial security. Better than a politician's press release.

References: While the security of judges is an increasing concern, bodily harm and assault has not been related to corruption cases. "Durbin, Obama Ask Attorney General To Help Immediately Release Funding for Judicial Security," Press Release, Senator Barak Obama, December 2, 2005.

"Justices Reinforce Leeway on Sentences," Washington Post, December 11, 2007. "Panel Allows Easing of Crack Sentences" Washington Post, December 11, 2007.

References: Racial disparities are widespread in the U.S. generally, and the judicial system also reflects these disparities. Perhaps one of the most egregious example is the arbitrary sentencing distinction made between crack cocaine (used primarily by African-Americans) and powder cocaine (used primarily by whites). As the Sentencing Project notes, "For powder cocaine, a conviction of possession with intent to distribute carries a five year sentence for quantities of 500 grams or more. But for crack, a conviction of possession with intent to distribute carries a five year sentence for only 5 grams." "Crack Cocaine Sentencing Policy: Unjustified and Unreasonable," [ LINK ].

Peer Review Comments: The researcher is absolutely correct regarding the crack-versus-powder double standard. Furthermore, there have been studies about the racist nature of state death penalty convictions. While racism remains a fact of life in U.S. culture, I think that improvements in civil rights in the past 40 years, and their reflection in the law and the composition of the judiciary itself, make this score more of a 50 than a 25. I think an upgrade is in order particularly when comparing the United States to other countries on this issue.

Peer Review Comments: You may also want to cite the U.S. sentencing guidelines since you raised the sentencing project.

References: While women generally enjoy equal access to the legal system, their lower incomes decrease their likelihood of navigating the system successfully compared to men. In addition, many women's rights organizations argue that some laws (e.g., domestic violence) remain biased in favor of men.

See, for example: [ LINK ]

References: Stuart Gorin and Bruce Carey, "Players in the Judicial Process," [ LINK ]

Peer Review Comments: Discussion of Legal Aid Corporation and public defenders in the United States?

References: Public defenders, while trained, are typically far less experienced and successful than their prosecuting counterparts, leading to high turnover among PDs. Charles J. Ogletree, Jr., "Beyond Justifications: Seeking Motivations to Sustain Public Defenders," Harvard Law Review > Vol. 106, No. 6 (Apr., 1993), pp. 1239-1294

Peer Review Comments: Furthermore, public defenders often carry enormous caseloads, which makes adequate representation of individual criminal defendants difficult.

References: The U.S. is well known for its litigious culture, in which attorneys encourage lawsuits and generally agree to take payment on the condition the suit is successful. In fact, the Association or Trial Lawyers of American, one of the largest lobbying organizations in the nation, works very hard to maintain this system. See: [ LINK ] and [ LINK ]

Peer Review Comments: The ATLA is now known as the American Association for Justice: www.justice.org. I think the researcher gives this organization too much credit. Although I am sure they are a big lobbying group, other lawyers associations, and lawyers overall, push to maintain the system, and go against any reform seen as antithetical to this system (e.g., tort reform).

Peer Review Comments: Not all attorneys encourage lawsuits. The fee system you are referring to is the "contingency basis." There are others as well.

References: The U.S. is well known for its litigious culture, in which attorneys encourage law suits and generally agree to take payment on the condition the suit is successful. In fact, the Association or Trial Lawyers of American, one of the largest lobbying organizations in the nation, works very hard to maintain this system. See: [ LINK ] and [ LINK ]

Peer Review Comments: The ATLA is now known as the American Association for Justice: www.justice.org. I think the researcher gives this organization too much credit. Although I am sure they are a big lobbying group, other lawyers associations, and lawyers overall, push to maintain the system, and go against any reform seen as antithetical to this system (e.g., tort reform).

References: The National Center for State Courts estimates that "rural courts represent approximately 79% of the counties in America," but argues that these courts are often underfunded compared to the urban counterparts. Cullen, Don. Rural Courts: What Makes them Unique. Williamsburg: National Center for State Courts, Institute for Court Management, 2000.