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Role and function of judges
Judicial decision making
Roles of judges
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As we all know that the judge has many responabilites. Some responabilites that the judge has that I have listed for this week assignments would be how a judge must make sure that all parties that is involved in the cases and all witness are present in the court room. Another responabilites that judge has is how the are accounted for upholding integrity and independence of the judiciary. ( Bohm & Haley, 2014, p.g. 276). It is also a judge responabilites to make sure that he or she rejects from any political activity. It is also a judge reasonability to set or reduce bonds during courts, make decisions on the verdict o cases, give out sentencing time. " The judge has five basic tasks. The first is simply to preside over the proceedings and
The first model to the judicial decision making is the attitudinal model. This model of judicial decision making speculates that a judge’s behavior can be predicted mostly by his or her policy attitudes. It perceives judges of the court as motivated by policy goals and unconstrained by the law. Therefore, they decide cases according to moral preference rather than by the meaning or intention of legal texts. One review of the attitudinal model is the fact it relied heavily on unreliable evidence. Also, the attitudinal model of decision making does not always interpret from explaining justice’s decisions at the Supreme Court. Most legal practitioners such as lawyers and judges are likely to think that a very simple attitudinal model is missing
Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?
On June 26, 2015, The U.S. Supreme Court ruled that same-sex marriage is a fundamental right in the decision on Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. This controversial decision overturned the law of more than 17 states. In the 5-4 decision, Justices Kennedy, Ginsburg, Breyer, Sotomayor and Kagan voted with the majority and Justices Roberts, Scalia, Thomas and Alito were dissenting. At the heart of the controversy is the philosophy of judicial restraint and judicial activism. Was the Obergefell decision an example of judicial activism? Certainly, because it declared state laws banning same-sex marriages as unconstitutional. The Court’s decision, which was based on precedent and interpretation of the Constitution, was just.
The late 1700s and early 1800s were a time full of expansion and innovation in the United States of America. The country was getting bigger, both in population and in geographic size, and the government was getting more powerful as well. This was because of the new Constitution that was put into place in 1787 that replaced the Articles of Confederation and took most of the power away from the individual states and gave it to the federal government. When the Constitution was ratified, both Brutus (believed to be Robert Yates), and Alexander Hamilton were in a debate over the potential power of the federal government, and more specifically, the power of the Supreme Court in Federalist 78 and Brutus’ eleventh and twelfth letters. Alexander Hamilton supported the proposed system and expressed his belief that the judiciary did not have too much power by any means. Brutus was more concerned that the court would simply side with the government and would therefore have too much power over the states. In 1803 one of the biggest landmark cases ever reached the Court, Marbury v. Madison. This case was not directly about the power of the court, but similar to most Supreme Court cases, it turned into a debate about something more crucial. By reading John Marshall’s opinion on the Marbury v. Madison case, it is apparent that Brutus originally had the better idea about the Supreme Court’s power due to his overwhelming wisdom and excellent foresight into what the judiciary would eventually become.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
The Role and Powers of Lay Magistrates in Criminal Cases 1a) Describe the role and powers of lay magistrates in criminal cases. b) Consider whether lay magistrates are adequately trained for their work. 1a) Describe the role and powers of lay magistrates in criminal cases. For centuries the criminal justice system has allowed lay people; people who are not legally qualified to administer justice to the civilian population. Lay magistrates are otherwise known as Justices of the Peace.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The debate over the legitimacy of the role of judicial review in the United States constitutional democracy has been around since the creation of the Constitution. The power of judicial review can be considered antidemocratic because it isn’t directly stated in the Constitution, of the authority of unelected judges and the fact that it sometimes resists the majority. Despite these claims, I believe judicial review is a constitutional doctrine, which arose from the historical process of persuasive reasoning in rulings, institutional prestige, the cooperation of political branches, and general public opinion.
It would depend on the case that I have coming up in front of that judge and prosecutor. This is not an uncommon thing that occurs because the judge and prosecutor know each other very well, especially in smaller jurisdictions. The fact that both are married would not lead me to think that anything inappropriate is taking place unless I had knowledge of an affair taking place. I understand that perception is reality and people will judge you off of what they see you do regardless of your intentions (Pollock, 2017). If it was a high profile case, I may feel compelled to ask the judge to recuse himself because I would not want anything to influence the outcome of my case. If I did not and I felt that the judge was being biased during the
These judges are to judge the people righteously. Justice should be ultimate and should not be changed or distorted. The judges are also to not take bribes from anyone or be partial. This they should do because bribing shows perversion of the righteousness, which should not be something that characterizes the judges. The main objective of these judges should be to only pursue justice in order to be able to “live and possess the land which the Lord” is giving them (NASB Deut.
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
The Judges and Magistrates also had to be qualified for their positions in the court. A Judge must be thorough in Dharma and have the qualifications equivalent to that of a minister. A Judge shall be fair and impartial in order to gain the trust of the population into the legal system of the state. There should be a bench of 3 judges who shall hold court at frontier posts, sub – district headquarters, and provincial
The resources of our court system are finite and for this a potential plaintiff must satisfy a number of requirements. Before an individual can argue their case before a judge he must show standing. He must show that he has personally had his rights violated, and further that he has sustained some kind of loss. If the victim has a legitimate complaint the matter must be resolved by a judge, or a jury of his peers. Through fact-finding the issues at stake are converted into hard legal questions. Through a decisional process an output, or ruling, is issued. In most cases this settles a dispute. In many others it spells the beginning of years of political and judicial wrangling, which sees laws upheld, struck down and created
The book of Judges tells of an era in Israel in which the people of the land had no king. This book follows the incidents of twelve individuals whom were selected by God and shown favor to lead the Israelites out of the hands of the oppressors of their days. A judge is a military official known for his or her bravery in battles or incidents and nothing more than a mere warlord. This individual was given authority over decision-making and political squabbles among the people of Israel since there was no king. A judge would arise in the time of need and lead the tribe or tribes to victory over their enemies. God would show favor unto the judges and they would lead the people of Israel for their lifetime. The book of Judges displays an era of chaos in which the people of Israel did what was right in their opinion. This period is full of utter chaos in which the lack of leadership led to idolatry, rape, murder, the absence of unity among the tribes, and disorder. The last verse in Judges reads, “In those days there was no king in Israel; all the people did what right in their own eyes” (21:25), this conclusion is perfect for a book whose entire writings describe a time of such turmoil.
Sidgwick says: "The importance of the Judiciary in political construction is rather profound than prominent. In determining a nation's rank in political civilization, no test is mare decisive than the degree in which justice, as defined by the law, is actually realized in its judicial administration. " Lard Bryce writes: "If the law be dishonestly administered, the salt has last its flavaur; if it be weakly and fitfully enforced, the guarantees .of .order fail, far it is mare by the certainty than by the severity .of punishment that .offenders are repressed. If the lamp .of justice goes out in darkness, haw great is that darkness." Again, "There is no better test .of the excellence of a Government than the efficiency .of a judicial system; far nothing mare clearly touches the welfare and security of the average citizen than the feeling that he can rely an the certain and prompt administration of justice." Laski says: "When we know haw a nation-state dispenses justice, we know with exactness the moral character to which it can pretend." George Washington says: "Administration of justice is the firmest pillar .of government. Law exists to bind together the community; it is sovereign and cannot be violated with impunity." According ta Bentham, "The administration of justice by the state must be regarded as a permanent and essential element .of civilization and as a device that admits of no substitute."