Bias In Criminal Justice Essay

Judges preside not only over cases which arise in the criminal and civil justice system but, their decisions affect the society in other areas such as human rights, judicial review.They play various roles, mainly tend to be impartial decision markers in the pursuit of justice.The fact that there should not be bias on judgment, individuals do rely on the court for passing out judgement. Bias can take more than one form and its worth clarifying the focus, which could influence the verdicts by the judges . This essay analyses bias which reflects on the decisions made in the court, which there should be fairness and impartiality when verdict is made. Statues, are accepted as authoritative which involves legal formalism, the use of deductive logic in deriving outcome. One of the most important doctrines in

The valid point is concerned with Goodhart’s article “Determining the Ratio Decidedi of a Case. Simpson accepts the Goodhart theory proposition that ‘‘the ratio decidendi of a case can be defined as the material facts of the case plus the decision thereon.” He points out that there is an opposed theory, which maybe conveniently called ‘classical theory’ which is that “the ratio is ‘the principle of law which the judge considered necessary to his decision.’’ The Supreme Court’s approach to the illegality defence in decisions, bringing tension in judicial decision between the need for legal certainty and need to achieve fair result. Therefore, quantitative research on whether extra-legal factors influenced judicial decision making has found no universally applicable answers as some variables can explain certain judicial behaviour in some situations but, both in others. When interpreting and applying legislations, to decided case, especially when cases involve ambiguous aspect of a statute which is statutory interpretation; which over time, various methods and construction has fallen in and out of favour including the primary rules (literal,mischief