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Diversifying the Judiciary: The Influence of Gender and Race on Judging

NCJ Number
University of Richmond Law Review Volume: 28 Issue: 1 Dated: (March 1994) Pages: 179-203
S M Smith
Date Published
25 pages
This article discusses the merits of judicial diversification, as well as the reasons that the American judiciary has remained overwhelmingly white and male.
The author argues that a judge's perspective, influenced by factors including gender and race, is a critical factor in his or her role as an adjudicator. The judge is an individual, whose ideas of fairness and justice will determine in large measure the outcome for those who are being judged. The article discusses how gender and face intersect with impartiality and morality in judging. After an examination of the representative and substantive importance of judicial diversification in terms of potential changes in jurisprudence, the author concludes that the increased presence of different perspectives on the bench will positively affect decision making if that diversity is true, rather than token. 126 notes and 1 appendix