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Role of justice in human life
Role of justice in human life
Concept Of Law And Justice
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It is improbable to assume that you can truly abolish subjectivity, based on the notion that everyone has a different background. However, evident bias from judges is not necessarily a bad thing. The question “Justice for sale?” raised by Mr M. Cann is interesting and it is a point in the case against judicial elections. There was evidence of a correlation between campaign contributions and the judges’ procedure in court . However, it must not be forgotten that endless factors could have influenced the judgments, not solely the campaign contributions. The abovementioned example originated from the United States, which shows the potential dangers of judicial election. Furthermore, economic conditions can influence more than internal factors. In England and Wales there …show more content…
Where as, the appointed judges of the UK used the bias to aid the society, but economic condition is not the only influence. Political factors are another point. To promote judicial independence and objectivity, politics should be removed from the equation. In the 2005 Constitutional Reform Act, this separation was enforced when the law lords was expelled from the House of Lords. Politics can still influence judgment in the UK, but it’s discouraged. Elections of the judiciary are encouraging political and judges to work together, as they have to clarify their political position during their campaign. Furthermore, under the rule of law, transparency of the law is of great importance. However, in this case as people would be aware of the judges predisposition, it would be transparency of the potential interpretation of the law and not the law itself. Furthermore, the same sort of evidence, as explored in economic conditions becomes a factor. Again, evidence from the US shows that elected judges during re-election terms will grant success in litigation to influential people
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).
People have always been concerned about our judicial system making massive decisions in an undemocratic manner and while there are parts of our nation’s history (Jost). There have been decisions that were dreadful for our nation, Dred Scott v. Sandford; but there are decisions that everyone can agree with in retrospect, Brown v. Board of Education. Also, there are decisions that still divide us as a nation, Bush v. Gore and Roe V. Wade. There are a lot of issues that come from our current judicial system; however, I understand that the problems that come from it are not going to come from any quick fix, and we may have to live with some of them. Looking at the history of the judicial branch of the United States Government, I believe it needs to be limited in its judicial review power, but have certain exceptions where necessary in some cases.
Carcasses attract scavengers. The Guilty Party by O. Henry showcases the untimely death of a girl of twelve, Liz. Above Chrystie Street on the east side, a strange bird stalks the children of the playground. Although people say it’s a stork, locals call it a vulture. In this case, Liz is the carcass that the vulture sets its eyes on.
First of all, judges play an essential role in our democracy, by interpreting the law and being impartial, they make decisions which keeps our country in a democratic state. Judges promote and support charter rights, including freedom and equality. A strong case that proves that judges are an essential part in a democracy is shown in the case of Obergefell v. Hodges, John Obergefell was fighting for the legalization of same - sex marriage in The United States. On November 2014, the case went to the supreme court where it caught the attention of the nation. Obergefell was not only fighting for his own rights
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 problem of judicial corruption in United States is immense. The Sixth Amendment in the United States Bill of Rights refers to the right to a speedy, fair and public trial. Unfortunately, our judicial system does not always maintain these rights. The United States judicial system is very corrupt and most of our country’s citizens do not know how corrupt it actually is. When thinking about the judicial system, words that come to mind are justice, morality, and fairness. Sadly, these words are not accurate descriptions of this system. Correct depictions of today’s judicial system are corruption, rigged courts, extortion, and phony trials. Our legal system does not bring truth or justice to our courtrooms. Overcoming this corruption is not easy for the average citizen or anyone who is not in on the “game”.
Economic Injustice in America "Class is for European democracies or something else--it isn't for the United States of America. We are not going to be divided by class." -George Bush, the forty-first President of the United States (Kalra 1) The United States of America was founded on the basis of a "classless society of equals," committed to eliminating the past injustices imposed on them by Great Britain.
In no other democracy does a court hold so much political power and in particular power over public policy decisions.
Quirk, W., & Bridwell, B. (1996). Judicial Dictatorship. Retrieved March 17, 2011, from www.mises.org: http://mises.org/misesreview_detail.aspx?control=134
In order to understand whether judges would be better at making decisions if they were more truthful, if is essential that an examination of the manner in which they decide cases is undertaken. Many judges will decide based on their own personal back ground. For example, if the judge had a clash in the past with a member of a different race that might play a role in the decision making process. Judicial impartiality is a fundamental characterized in a legal system under the rule of law. The law against bias together with the right to be heard from the principles of natural justice. Judicial proceedings must follow stricter procedural requirements. Implying that proceedings must be similar to those followed in court proceedings. If the requirement is not followed, the decision could be invalidated by a court if it is challenged. Plea bargaining in the United States is controversial issue because the practice of plea bargaining is necessary as long as the United States has high crime rates and facilities for cases. Plea bargaining allows the flexibility necessary if the system is to respond with any degree of concern for the circumstances of individual cases, however, it may also entice defendants to plead guilty to crimes they did not commit rather than risk their constitutional right to
An advantage of electing judges is that it insures that the judges are loyal to the people
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.
Robert N. Clinton, ‘Judges Must Make Law: A Realistic Appraisal of the Judicial Function in a Democratic Society’ [1981-1982] 67 Iowa L. Rev. 711 http://heinonline.org/HOL/Page?handle=hein.journals/ilr67&div=38&g_sent=1&collection=journals accessed 12 February 2012
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 Source F, The Guardian writer Paul Mandelle, who has been studying law for a quarter of a century, briefly discusses his experiences with juries and uses fact and reason to support the effectiveness of the jury system,”The report from the [British] Ministry of Justice published last week, the culmination of 18 months of meticulous research into over half a million cases heard in England and Wales, shows juries are fair, efficient and effective. They convict almost two-thirds of those they try, they convict more than they acquit in rape, they do not exhibit any racial bias and they only fail to reach verdicts in less than 1% of cases.” Using this information, one can discern the thought process taking place in juries. Juries failing to reach verdicts in less than 1% of cases illustrates the tedious process of deliberations. Juries are hard at work deciphering the plethora of information heard in court.