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Diversity in judiciary
Diversity in judiciary
Diversity in judiciary
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The composition of the judiciary in the English legal system reveals disparities in terms of its composition against a background of gender and ethnic make-up. The hiring of judges is based on an appointment conducted by the Lord Chancellor. The method of appointment is replete with opacity since the selection criteria remain vague and uncertain. The uncertainty associated with these appointments erodes the public confidence in the judiciary. The appointments largely discriminate against women, and ethnic minorities, this is a contradiction of what law is all about, fairness for all.
This paper argues that selections based on merit are insufficient in expanding the diversity of the judiciary. It is largely based on the premise that a hiring
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The lengthy training discourages a lot of persons from marginalized groups and low socioeconomic backgrounds from taking up legal studies. Additionally, the minimally paid pupilage period of barrister training discourages most lawyers hailing from underprivileged backgrounds from pursuing barrister careers from where most judges are appointed.
In lieu of a merit-centric system, omnibus judiciary reforms and public indifference to the reforms helps in the retention of the non-diversity of the bench. The indifference towards judicial reform is informed by the increased distrust of lawyers and judicial officers. This adversity of the citizens towards a holistic comprehension and support of a merit-based judicial selection system entrenches the prevalent trend of appointing judges.
The inadequate activism and advocacy efforts surrounding judicial selection contribute towards the lack of diversity on the bench. Professional associations of barristers and paralegals are largely centered on enhancing the professionalism and advancing the education of the members. The preoccupation with standards of legal training reduces the momentum required to advocate and press for increased judicial
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From a feminist perspective, a patriarchal judiciary relegates the experiences of women when adjudicating disputes, especially in sexual assault and civil cases. The inclusion of females, albeit through positive discrimination, lends the judiciary the much-needed female voice necessary to articulate and understand the various experiences of litigants. Positive discrimination favoring women from marginalized communities greatly enhances the delivery of justice since it negates the omnibus perspective of female experiences that the bench might be drawn to. A minority judge is conscious of the differential experiences that people encounter due to their race, ethnicity, language or
The type of elections is widely criticized for delivering less qualified results, considering the fact that the public does not have enough information on judicial candidates and their qualifications. Furthermore, judicial candidates are not allowed to take stands on controversial issues or specific cases in accordance with the Judicial Code of Conduct (Corriher, 2012).
...te Standing Committee on Constitutional and Legal Affairs suggested a resigning age for all elected judges. This suggestion was focused around an apparent need to keep up fiery and element courts in opening up boulevards for 'capable legitimate professionals' to attain legal positions. It is likewise focused around developing group faith in a necessary resigning age for judges and to dodge 'the sad need' of uprooting a judge made unfit for office by declining health.
Women’s equality has made huge advancements in the United States in the past decade. One of the most influential persons to the movement has been a woman named Ruth Bader Ginsburg. Ruth faced gender discrimination many times throughout her career and worked hard to ensure that discrimination based on a person’s gender would be eliminated for future generations. Ginsburg not only worked to fight for women’s equality but fought for the rights of men, as well, in order to show that equality was a human right’s issue and not just a problem that women faced. Though she faced hardships and discrimination, Ruth never stopped working and thanks to her equality is a much closer reality than it was fifty years ago. When Ruth first started her journey in law, women were practically unheard of as lawyers; now three women sit on the bench of the highest court in the nation.
Remember to always be aware of who you are, and that as a woman, I would face many challenges in society. In my youth, much of these family discussions were passing conversation until I reached late high school and early university days that I realised my challenges and disadvantages of being a female. For the first time in my life, university opened my eyes to the true meaning of misogyny, and how little female influence there was in the university systems, and in the workplace surrounding me. The older I became, the more exposed I was to the lack of diversity and equality women experienced, and I for one became a part of that as well. Drawing from the reading by Kimberle Crenshaw, she spoke about the antidiscrimination laws and how black female bodies’ experiences are not taken seriously in society, it captured my attention with relation to the intersectionality struggles I attempt to conquer on daily, religious basis. She is quoted saying in relation to the laws regarding black female bodies that, ‘antidiscrimination doctrine essentially erases Black women’s distinct experiences and, as a result, deems their discrimination complaints groundless.’(Crenshaw, 1989). Although this quote speaks of the black female body experience in law specifically, which is my personal story, I can draw points and information that can be relatable to my gender/sex. As a female, I
Imagine Kirsty and Marc, a young couple who resort to robbing a house in a desperate attempt to make money. They are caught, charged with the same crime and given the same sentence, except for one thing: the male dominant world we live in does not stop at the courtroom door. Marc is sent to a medium security prison one hour from his family with every opportunity to earn his way into a minimum-security facility. He spends his days learning to cook in the kitchenette and has access to basic necessities like aftershave or hairspray. Meanwhile, Kirsty walks into her frigid six-by-ten foot cell with bars for a door, a toilet in plain view and not a trace of sunlight. She is twelve hours from home with no hope of changing location since there is nowhere else to go. The stories of rapes, beatings and riots told by her new neighbours are endless. Kirsty realizes that the only way for her to survive this place is to oppose nature and forget what it is to feel. This is discrimination against women as they are penalized more severely than men for committing less crime. How can women strive for equality when they cannot attain justice in the justice system itself? The controversy over the gender bias goes beyond the "too-few-to-count" syndrome as Sally Armstrong calls it, it is a question of women's constitutional right to be treated equally.
By giving life tenure to appointed officials, the founding fathers protected them from political pressure. But, by taking away the accountability of these officials, the framers actually produced a perfect opportunity for krytocracy, a government ruled by judges. When a justice, or anyone for that matter, is secured with a job for life, there is not enough incentive motivating him to perform to the best of his ability. If the lifelong term was changed to say, 8 or 12 years, the justices would be more likely to keep the people’s interests in mind and to represent the public instead of being driven by their own selfish concerns. If the judges’ terms were limited, it would allow their actions to be reviewed, analyzed and determined right or wrong by the people. It would kee...
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
Judiciary.gov.uk. 2014. Judges, Tribunals and Magistrates | Introduction to the justice system | Traditions of the courts. [online] Available at: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-traditions [Accessed: 2 Apr 2014].
The US Justice Department statistics 2003 and onwards demonstrates significant disproportion in the incarceration rate of minority African American and Hispanic men between the ages of 25 and 29 years as compared to the rate associated with White men of the same age. Bell (2007), proposes that as minority groups grow in numbers within the dominant group they will experience greater equality. However, rate of incarceration among minority males remains alarmingly high and as compared to their White counterparts. As with health care there are racial disparities that will influence outcomes when an individual is brought before the criminal courts. Additionally, there is significant correlation between a person’s level of education and the likelihood of his involvement in criminal activities. Studies and statistics have shown that among male high school dropouts there is high incidence of unemployment, low income and rate of illicit drug use as compared to men with degrees from four year colleges. Further to this, although the rate of school dropout and even arrest is not significantly different across the race lines, literature alludes that African American men have a higher rate of conviction for the same crime committed.
Ragers, Simon. / The Guardian (2012) White and Male: diversity and the judiciary. Available from: //www. Theguardian.com/news/databblog/2012/mar/28/judges-ethnic-sex-diversity-judiciary.
Torres-Spelliscy et al. (2010) encouraged diversity in the American court system and provided ten practices to attract the brightest female and minority candidates for the judiciary, and they are as follows: (1) grapple fully with implicit bias; (2) increase strategic recruitment; (3) be clear about the role of diversity in the nominating process in state statutes; (4) keep the application and interviewing process transparent; (5) train commissioners to be effective recruiters and nominators; (6) appoint a diversity compliance officer or ombudsman; (7) create diverse commissions by statute; (8) maintain high standards and quality; (9) raise judicial salaries; (10) improve record keeping (p. 3). Appointing minorities and females to the U.S. bench will increase public confidence, and it will also bring important value towards the representation of women and ethnic
It is widely acknowledged that the judiciary within England and Wales is not representative of the wider society. The composition of the judiciary is regularly subject to criticism on its apparent homogenous identity’ being largely comprised of elderly, white male barristers educated at Oxford or Cambridge. This ethos has prevented diversity within the judiciary, particularly the upper echelons of the judiciary. Academics such as John Griffith have suggested that the narrow range of the judiciary threatens to undermine public confidence in the judicial system. Similarly, Baroness Hale argues that a representative judiciary is paramount for directives associated with the promotion of equal opportunities and strengthening of judicial legitimacy. The government has attempted to combat these issues with statutory and procedural changes to the Courts and Legal Service Act 1990, the Courts Act 2003, the Constitutional Reform Act 2005, and the Judicial Appointments Committee. However, the government’s reforms have made little impact on the demographic profile of the judiciary, as the cornerstone of all judicial appointments is merit. Until diversity can break into the judiciary, particularly the upper echelons of the judiciary there will continue to be a lingering threat to the publics confidence of the judiciary as diversification has yet to materialize.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The given statement suggests that the emphasis on judicial diversity is unnecessary since there is no guarantee that a diverse judiciary would arrive at a different decision than that of a conservative judiciary. This essay attempts to argue that although there is no evidence that a diverse bench would radically change the outcome of a given case, the quality of justice will be substantially enhanced by the inclusion of a range of perspectives from which are currently not represented by the English judiciary.
In Lawrence Baum’s book, “Judges and their Audiences”, he evaluates the impact that various social and academic groups impact judicial behavior and thus, theorizing that judges and justices are not robotic beings acting independently but human souls with rational emotions as with everyone else. In his sixth chapter, Baum examines the various implications that are associated with an in depth analysis of judicial behaviors. He is making original claims about judicial behavior, however, with this comes different strengths and weaknesses to his argument. To summarize Baum’s sixth chapter, he is evaluating that scholars cannot rely solely on the dominant models, strategic, ideological, and legal, to research and comprehend judicial behavior.