3.2 Deputy clerk
The programming of the Sheriff Appeal Court is usually managed by the Deputy Clerk. Deputy Clerks are normally the staff of the Scottish Courts and Tribunals Service (SCTS). The duties of a Deputy Clerk include forming additional courts when necessary, assign all hearings in civil appeals, and to coordinate Appeal Sheriffs to cover the business of the court. If a person holds the office of sheriff clerk, he or she will automatically be entitled to hold the office of the Clerk of the Sheriff Appeal Court. Provision is made to determine periods of appointment and conditions for individuals appointed as Clerk and Deputy Clerks.
4.0 TYPE OF CASES
An example of a case handled by the Sheriff Appeal Court is the appeal by North Ayshir Council in the cause Laurete Paton against North Ayshir Council.
In this appeal, North
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The first ground is that the learned sheriff did some error in law by charging the expense of physiotherapy treatment which is said to have happened after the recovery from accident related symptoms. The second ground is the sheriff made error in law by including travelling expenses relating to the physiotherapy appointments. The pursuer's medical records also showed that the pursuer had a history of neck pain together with lower back pain even before the accident occurred. This made things more complicated to evaluate with accuracy because it is difficult to be sure whether the pain occurred from the accident or due to pre-existing damage. To determine the extent of the injury caused by the accident, two orthopedic surgeons, Mr Mohil and Mr McKay has examined the pursuer. Mr Mohil proposed that it would take at least nine months to recover from the accident while Mr Mackay had a different opinion that it would take a shorter period between four to six months. In the end, the sheriff’s assessment of solatium was according to Mr Mackay’s
A summary of the case details (provide the circumstances surrounding the case, who, what, when, how)
On the morning of the 17th of May 2005, Nola Walker was involved in a two vehicle motor accident. She had just dropped her son off at his new job, when she ignored a give way sign at an intersection. When the ambulance arrived the officers, Nucifora and Blake, recall Walker being “able to converse” and “orientated”. Blake conducted multiple assessments and did her vital signs twice. The results deemed Walker to be within normal ranges, with the only noticeable trauma involving superficial skin injuries on the left hand, an abrasion over the right clavicle which was assumed to be a seatbelt injury. Ms Walker denied she was ever in pain. Nucifora mentioned on several occasions that it would be best to take Walker to the hospital to be further
Mr McKinnon must have, under the assumption of risk, known that there was a possibility for the risk of injury resulting in paralysis. Over data collected over a period of six years, showed that a total of 12 players in the rugby league code [1997 – 2002] have suffered from spinal injuries (Carmody D, et.al 2005.) This assumes that Alex must have known the possible risks and under the Civil Liability Act 2002, section 5G, “injured persons presumed to be aware of obvious risks.” Thus resulting in the assumption that he knew what could happen in such a high contact sport. Once again, this can be seen in the case Cafest v. Tombleson [2003] NSWCA 210. In this case Julianne Tombleson went roller-skating and broke her right wrist, claiming that she was not properly informed of the risks involved with the activity. However, the court found that there was a myriad of pre-emptive warnings to skaters such as highly visible signs that stated protection gear available for hire and that the rink centre will not be held legally liable to any injuries that may be sustained. This confirms and rectifies the concept of volenti non fit injuria. If the risks are clearly set out and known, one could not claim negligence for compensation, relating to the fact that Alex indisputably would have realised the potential
There are numerous facts about this case that will be legally significant. The facts about the accident would include:
In order to diminish police brutality, excessive force, and prejudice behaviors in the police officers, several actions must be set in motion. The police hiring process, training, in-field monitoring, and disciplinary actions must be adjusted to eliminate discriminatory actions against citizens. Likewise, it is a necessity for citizens to be informed of their rights, civil liberties, and how they can resolve corruption within the justice system. These actions seek to shrink the number of minorities who are racial profiled and brutalized by police officers. A more stringent hiring process, it will help curtail unethical and unprofessional police officers. Police training must be altered so that situations are handled safely and impartial. In-field monitoring with eliminate police officers from managing to catch police officers who brutality handle citizens. Disciplinary actions help to prosecute police officers to break the law. Lastly, if citizen are informed of what they should about corrupt police officers and a poor justice systems.
In today’s pop culture, media of all forms portrayals of correctional officers are almost always negative. Correctional officers are portrayed as bad, “meat head” type men. They are depicted as authoritarian, insensitive and without any redeeming qualities. This image of correctional officers is one in which many people believe and think of when they view prison life. These images can be found in films like “Shawshank Redemption”, where guards brutally beat, sometimes to death, the inmates they are responsible for. It is portrayed that the guards do not care about the inmates but instead hate them to the point that most believe they are always harsh and use excessive force. One harsh officer claimed he “wouldn’t piss on them [inmates]
During my visit to the Lafourche Parish District Attorney 's Office, I heard a copious amount of information that proved to be interesting, surprising, and some of it familiar to what I already knew or had learned in class. The first speaker, Joe Soignet, assistant district attorney, gave me a sense of what actually happens in a court case, specifically the process of selecting a jury. I had an idea of how picking a jury goes because of stories from friends and family who had been called for jury duty. I knew from them that as long as you answer with very strong opinions you can get out of jury duty. What I learned in class, however, is that picking a jury can take a long time, the right to a jury trial is guaranteed by the 17th Amendment and
A circuit clerk is a sectary to the court. They keep up with all the marriage files that every been made in the county. Even when the person is dead they keep their name locked in, in the system. Maintaining the rrecords of the court and what not is a big responsibility. You have to be trust worthy and even smart to hold this spot. They circuit clerk is like a secatary of the schoo; they monitor everything that goes on. When a juvenile goes to court, he or she puts that in the book. Registering people to vote me a big part of being a secretary. They either have to pull up files of people that already registered or make sure they register them. Lost files in the court house gets blamed on the clerk because they hold full responsibly of that certain thing. You have to have the right heart to be a clerk. Either you have the ability to stand up for yourself or know how to rule things.
The outdated nature of the Nigerian criminal justice system has been a topic for deliberation in recent times. Rightly put, there is work to be done by the legislative arm of the Nigerian government as the present procedures for adjudication of laws are old and present a problem to judicial officers as there are loopholes which are frequently exploited, and its archaic nature makes it unfit for use in a modern society. The criminal justice system is defined as the collective institutions through which an offender passes until the accusation has been disposed of or the assessed punishment concluded. The system typically has three components: law enforcement which includes; police, sheriffs, marshals; the judicial process which includes the judges, prosecutors, defense lawyers; and corrections which includes the prison officials, probation officers and parole officers . By the above definition, it can be elicited that the criminal justice system is a necessary organ of a functioning society, and it is necessary that an organ of such invaluable importance be kept in good shape. An effective criminal justice system is fundamental to the maintenance of law and order this is because it addresses behavioral issues, but due to the outdated nature of the Nigerian criminal system, the pivotal functions of the organ which is conviction and acquittal have been hindered drastically and have become exceedingly rare.
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.
Police psychology is broadly defined as the application of psychological principles and methods to law enforcement. With the popularity of television shows like Criminal Minds and Law & Order: SVU, the job of a police psychologist has become more well known and even popular. As seen on these shows, a police psychologist can be helpful in profiling a criminal, but they also provide many other services to the members of a police department. Although the development of this field has a long history, police psychology as a separate entity is still relatively recent and growing. This intimate relationship between psychology and law enforcement can be traced back to almost a century ago.[1] It first developed out of a need for a variety of psychological services in the law enforcement field, including screening applicants and counseling during grief and stress situations. In the time that it has been around, it has proved to be a valuable resource for the law enforcement profession.
Discussion The goal of this research was to gain insight into the utility of offender profiles in law enforcement. Profiling is commonly used to prioritize suspects in criminal investigations, though it is often criticized due to its ambiguous nature. Much akin to the results of the Barnum studies, it was found that the suspect information given – both genuine and bogus – was seen as applicable in all possible situations. This is due to the universality of ambiguous statements, which lead the beholder to find even the most miniscule similarities between the two sets of information.
Our founding fathers created a document called the Constitution of the United States of America, to establish the national government and fundamental laws, and it also outlined basic rights for citizens. It was signed into effect on September 17, 1787 by delegates to the Constitutional Convention in Philadelphia, where it was presided over by General George Washington. This legal document has withstood the test of time and has laid the foundation for law enforcement today. When one becomes a Police Office, they take an oath to uphold and protect the Constitution and to ensure all citizens of this country are treated equally, and their rights are not infringed upon. It is my duty as a Police Officer to enforce all laws whether my personal
On Tuesday, September 23rd, I had the opportunity to do a ride along with the Takoma Park police department. My ride along was quite interesting. I rode with Officer Carl, a twenty-six-year-old officer who has been with the police department for six months. During the ride along we engaged in so many conversations concerning his work routine, and some the important things to be aware of as a police officer. Officer Carl and I were about the same age group so I felt much comfortable talking to him. Before I went for the ride along I had a different perspective about police work, I thought police work was much amusing and entertaining, but after the ride along with Officer Carl, I have realized that there is much more to police work and it often
Introduction Police officers are public servants employed by the state to protect and prevent crime. In order to combat crime the state allows the police certain powers, such as the power to arrest. The state affords the police conduct that is not permitted to the average citizen, by virtue of their public office. This often becomes a contentious issue as the police are entitled to use force that infringes on the human rights of suspects in order to fulfil their duties. This essay will discuss the liability of a sheriff’s deputy for shooting and killing a 13 year old minor, Cruz, mistakenly believed to be a serious violent threat to society.