Leadership Skills/ Judicial Process

Leadership Skills/ Judicial Process

LEADERSHIP SKILLS/ JUDICIAL PROCESS 8

Leadership Skills

Question 1

The main demographic characteristics that influence leadership aregender, age, and educational level. Males have a higher likelihood ofusing autocratic, controlling and direct leadership styles thanfemales (Barbuto et al 2007, p. 72). Women in leadership positionstend to act as facilitators by contributing to morale, and theyembrace more interpersonal leadership approaches. On the contrary,male leadership seems to be more widespread in task-oriented factorsof interaction (Barbuto et al 2007, p. 72). Age acts like a relevantaspect, which affects leadership due to the existence of relevantdisparities in attitudes and conduct amid leaders of different ages(Lojpur et al 2015, p.16). Research demonstrates that younger leadersadapt fast to changing work environments, take more risks andconsider new leadership strategies, when compared to older leaders(Lojpur et al 2015, p.16). Concerning educational level, leaders thathave higher education are more effective in leadership than thosewith lower educational attainment are (Lojpur et al 2015, p.16).

Geert Hofstede’s cultural dimensions make it possible to explainhow cross-cultural differences affect leadership. These dimensionsare power distance –the extent to which individuals accept unequalpower sharing (Kumar, Anjum &amp Sinha 2011, p. 154). Leaders fromsuch cultures demonstrate autocratic leadership where they do notinvolve other individuals. Uncertainty avoidance – culturaldimension is referring to the level of tolerance of ambiguity (Kumar,Anjum &amp Sinha 2011, p. 154). When uncertainty avoidance is high,leadership is frequently less fair and inflexible. Masculinity vs.Femininity – this is a dimension concerned with how gender rolesinfluence culture (Kumar, Anjum &amp Sinha 2011, p. 154-155). Inmasculine cultures, leadership is male oriented, and leadership rolesare clearly defined. In feminine cultures, leadership is fair.Individualism vs. Collectivism – how individuals identify andassociate with each other. Additionally, individuals fromindividualistic cultures are more independent. Thus, leadership isflexible and sovereign. Collectivist cultures insist on groupmembership hence, leadership must involve all individuals prior tomaking decisions (Kumar, Anjum &amp Sinha 2011, p. 154).

Question 2

Strategic leaders often exhibit individual traits such as loyalty,motivation, Self-control, compassion, social skills, and reliabilityamong others. A strategic leader needs to be loyal to commit andaccomplish their vision by their actions and words. Motivation isanother essential trait of a strategic leader that permits them tohave a zeal to visions which goes past power and money but alsoinvolves an inclination to accomplish goals with determination andenergy. Additionally, compassion as a trait of a strategic leaderaffects leadership in that it allows the leader to understand thefeelings and perspective of others and taking them into accountbefore the final decision. Social skills are also essentialcharacteristics because they permit strategic leaders to be socialand friendly. Thus, this affects leadership because it helps thestrategic leader to accommodate all people in the organizationincluding those with different views (MSG 2015, p.1).

The four strategic leadership types

A directive leadership involves a strategic leader that contains thetraditional commander style and they are effective when rapiddecisions are needed to be made. Contrary, visionary leadershipinvolves leading others with the power of an idea, and it appliesbest in circumstances where the leader is aware of what the resultsshould look like (MacArthur 2015, p.1). Additionally, incubatingleadership involves the leadership whereby the leader is empoweringand sponsoring the visions of others instead of driving such ideasyourself. Lastly, collaborative leadership involves a participativestyle of leading in ways whereby the leader develops outcomes workingwith others in situations where they cannot acquire such resultsalone (MacArthur 2015, p.1).

Question 3

Participation should be utilized to enhance leadership effectivenesswhen the leader’s decisions are not under fire. Thus, participativeleadership can be applied when a decision needs to made in a slowway. Participation should also be applied in a creative environmentwhere a multitude of unique perspectives might be required to achievea solution that requires varying perspectives. It can also be usedwhen the quality is significant, and the task is complex, as well aswhen the staff and leader easily interact. Participation is alsovital when a leader or organization needs to achieve more than onesolution to a challenge. Moreover, participation should be used toimprove leadership effectives because it facilitates acceptance bythe staff when decision are achieved through consensus. It is alsoimportant in boosting the morale of employees because they feel thatthey are being considered in contributing to the success of anorganization. Furthermore, it should be used for effective leadershipbecause it encourages creativity and retention of employees (Root2015, p.1). Culture is important in participative leadership becauseit allows diverse team members to collaborate and share ideas. It isessential because it improves allows teams to consider organizationaland individual cultures when deciding on a solution to a certainproblem. Hence, it allows the decisions to be culture sensitive andacceptable among the team members by empowering every individual inthe group who feel that their views and opinions are being valued.

Question 4

Shared decision-making in courts entails that the jury is chieflyconcerned with obtaining the truth through legal reasons and carefulsieving of the evidence. Although the judges retain the legalauthority to make the chief decisions including imposing sentences,setting bail among others, they also rely on other professionals tomake their judgments (Neubauer 2012, p.134). This process is highlyfunctional because it diffuses responsibility between judges, defenseattorneys, and prosecutors among others. In this process, the truthis the ultimate aim of the court decision, and it lacks the priorassumption of guilt or innocence. The shared decision involvesparticipatory decision making between the concerned individuals.Therefore, the paradigm violates the principles of the adversarysystem because the accused are denied the right to be presumed notguilty until they are proven otherwise.

Question 5

The current techniques of selecting court judges include legislativeappointment, nonpartisan election, executive appointment, meritselection, and partisan election. The most effective judicialselection method is the merit selection. Merit selection involvesselecting judges by using a nonpartisan commission of non-lawyers andlawyers. The Commission locates, employs, investigates and evaluatesthe judgeship, applicants. After accomplishing the selecting andvetting process, the commission then submits the names of thecandidates who are highly qualified to the relevant appointingauthority. Mostly the governor is the appointing authority, and hemakes the final decision from the presented list (Reddick &amp AJS2008, p.6). I think this form of selection is the best because itaffects the paradigm of justice positively. This is because in thismethod of selection professional qualification are accentuated whilepolitical credentials are de-stressed. The judges are often selectedto their positions through merit hence making it difficult to becompromised.

Question 6

Proponents of the exclusionary rule attest that it is a significantrule that deters police misconduct. They add that it is vital becauseit permits courts to exclude incriminating evidence from standing incourt during trial upon proof that such evidence was acquired ininfringement of the constitution provision (Xie 2014, p.46).Conversely, opponents of this rule argue that such evidence can beaccepted in a trial through good faith exception. The rule involveswhere the evidence is acquired by law enforcement officers that relyon a search warrant, which later turns to be invalid. They add thatthe evidence can be used through the independent source doctrine. Thedoctrine involves where the evidence, which was initially, obtainedusing illegal seizure or search is later acquired using aconstitutionally valid search or warrant (Xie 2014, p.46). I believethat the exclusionary rule can be infringed upon in situation wherethe police might not contain adequate time to seek a warrant, orillegally obtain incriminating evidence to convict an offender.

References

Barbuto, J. E., Fritz, S. M., Matkin, G. S &amp Marx, D. B. (2007).Effects of gender, education and age upon leaders’ use ofinfluence tactics and full range leadership behaviors. Sex Roles, 56, 71-83.

Kumar, R., Anjum, B &amp Sinha, A. (2011). Cross-culturalinteractions and leadership behavior. Journal of Arts, Scienceand Commerce, 2(3), 151-160.

Lojpur, A., Aleksic, A., Vlahovic, S., Bach, M. P &amp Pekovic, S.(2015). Examining determinants of leadership style among Montenegrinmanagers. Our Economy, 61(1), 13-24.

MacArthur, K. (September 23, 2015). 4 leadership styles you canapply to any strategic situation. Chicago Tribune. Web. Retrievedfrom,

&lthttp://www.chicagotribune.com/bluesky/originals/ct-aaron-olson-four-leadership-styles-20150527-story.html&gt

Management Study Guide (MSG). (2015). Strategic Leadership -Definition and Qualities of a Strategic Leader.managementstudyguide.com. Web. Retrieved from,

&lthttp://www.managementstudyguide.com/strategic-leadership.htm&gt

Neubauer, D. W. (2012). America`s courts and the criminal justicesystem. Belmont, CA: Wadsworth.

Reddick, M, and the American Judicature Society (AJS). (2008).Judicial Selection: The Process of Choosing Judges. AmericanBar Association. Pp 1-22.

&lthttp://www.americanbar.org/content/dam/aba/migrated/JusticeCenter/Justice/PublicDocuments/judicial_selection_roadmap.authcheckdam.pdf&gt

Root, N.G. (2015). The Advantages of Participative Leadership.Chron.com. Web. Retrieved from,

&lthttp://smallbusiness.chron.com/advantages-participative-leadership-17629.html&gt

Xie, G. (2014). The exclusionary rule of evidence: Comparativeanalysis and proposals for reform.