This research is aimed at studying the independence/autonomy and discretion of judges in the trial and adjudication of criminal cases involving political office holders, as well as the relations between the two variables. The research also looks at social representations that may affect the independence/autonomy and discretion of judges through a survey of 516 judges at every level of the Courts of Justice. A questionnaire and guideline questions were used as the research tools. Scenarios were created to measure the independence/autonomy and discretion of the judges. Social representations were of related social objects measured by using Semantic Differential Scales. Data were analysed by using descriptive statistics, t-tests, and correlation analysis.
The findings of the survey showed that more than two-thirds of the respondents, particularly in high courts, believed that they had shown to have "high" and "quite high" independence and autonomy. About 70 percent of the respondents showed to have believed they had "moderate" and "high" levels of discretionary justice. Judges in high courts or senior judges tended to exercise discretionary justice differently from judges in lower courts.
Regarding the relations between the two variables, it was found that the judges who had high independence/autonomy also had a high level of discretionary justice, but with a no statistically significant association (P > 0.05). As for social representations that were related to the trial and adjudication of criminal cases involving political office holders, the judges who took part in the survey had a negative view of politics, politicians, and political corruption. They believed there were a lot of corruption, nepotism, dirtiness and chaos in politics. There also were double standards, abuse of power, and no ideology and morality. They viewed political office holders as powerful and influential, but gave positive meanings to the "democratic system", "justice" and "criminal cases regarding political office holders," which were linked to brightness, honesty, sacrifice, concern for the public, goodness, the supremacy of the people, and righteous use of power. Despite their differences in terms of judicial independence/ autonomy and discretion, the judges who took part in the survey shared similar social representations in connection with criminal cases involving political office holders.
From this research, it is clear that social representations have little effects on the independence/autonomy and discretion of the judges. Judges believe that through the course of their work, they have gained enough independence/autonomy and discretion to render justice to the people. Nonetheless, greater awareness of the importance of judicial independence /autonomy and discretion should be continually promoted through the judicial recruitment process and ethical training so that the Court of Justice can truly be considered "the people's institution.