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Duties and functions of judge
Role of judges
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Judges
One of the problems of being a judge is that one is expected to rise above the normal status and dispense justice objectively without the pressures of everyday life and of political influences, the judge is supposed to resolve difficult legal disputes with wisdom . This is the idealized version of the judge and is at best something to aspire to. Ethics are a very important concept central to the judges role. To deal with some of the issues facing the Judiciary it is necessary to look at the meaning and understand the requirements of judicial ethics. As a human, we inherently posses the ability to behave unethically and judges are not immune to engaging in inappropriate behaviours. Being impartial is the most important ethical responsibility of a judge. Therefore, judicial integrity and independence are vital. Judicial independence could mean both the independence of the judiciary from the other branches of the government and the personal independence and integrity of the judges so that they are not influenced by other considerations in
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Judges are to disqualify themselves from cases in which their impartiality might be questioned, as in cases in which they might have a financial or other interest. This policy mandated an automated conflict screening to identify any financial conflict that judges might have in cases that come before them. Besides this, judges are often invited to attend educational trips sponsored by certain organizations. This can often gives rise to an ethical issue that judges would end up being biased toward the corporations in which they might have a financial interest. Whatever may be the situation and the case, judges are always expected to be fair, just, and impartial and to uphold equal treatment to all and maintain the neutral position of the judge and behave in a manner that is expected from a judge and the pristine judicial
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).
Their long term in office liberates judges from partisan burdens and inhibits attacks on judicial power by the executive and legislative branch. Independence gives the judicial branch the ability to guard the Constitution and the rights of the people against the legislature. That means that he believes that the judicial branch is less likely to abuse a person's as compared to the executive or legislative. He felt that judges should have independence from the sanction of the executive, legislature, and the individuals so they can satisfy the judicial qualities defined in the Constitution. The U.S. Constitution offers that federal judges are selected to life term thru good behavior, so the courts can remain independent from the other two
The strategic model acknowledges that judges seek to achieve policy goals, but it also acknowledges that they are subject to certain restrictions in doing so. Since they cannot act accordingly to preference, they must act strategically to achieve their goals given by the restrictions. It argues that like politicians, justices make their decisions based off other’s decisions or make their decisions while trying to determine how another person will react from it. This decision style says justices would base their decisions on the influence of other justices.
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
changed in terms of its power of deciding cases. It has on the other hand
Magistrates had a lot of power when ruling. They had the authority to torture a criminal to their liking as well as order subjects to the court. Magistrates had a few loyal and obedient lieutenants to help them in their work; "The lieutenants are the judge's legmen. He sends them out to make discreet inquires; he tells them to interview witnesses, trail suspects, find out the hiding place of a criminal and arrest him" (Preface, XI). The purpose of each of his servants was different; they included "former 'brothers of the green woods'…a reformed itinerant confidence man…an elderly retainer of the judge's family" (Preface, XI). With this small army of his, Judge Dee was able to accomplish many things. Judge Dee was an effective magistrate because
The book of Judges is the sequel to Joshua. It is the seventh book of the Old Testament. It recounts stories and events from the death of the hebrew leader and prophet Joshua to the birth of the hebrew Samuel. That is roughly, from the end of the Israelite conquest of Canan in the 13th Century B.C to the begining of the monarchy in the 11 th century B.C. It tells about the hebrews from Joshua’s Death to the time of Samuel. It was written in about 550 BC, on tablets named the Ras Shamra tablets. The Ras Shamra tablets where later discovered in the early 20th Century, even though the stories and acountings of the judges where already known and written. The book of Judges belongs to a specific historical tradition which is called the Deuteronomic history. The author of the book of Judges, was in exile in Babylonia. While in exile he was deeply concerned with foreign domination. So he wrote many of his stories on the migration of the tribe of Dan to the North and the sins of the Benjamites. The author emphasized that Israel was being influenced by foreign powers and the loss of freedom and prosperity. Recurring throughout the book is the stereotyped formula: "The people of Israel did what was evil in the sight of the lord." Then after each period or subjection the author introduces another formula: " But when the people of Israel cried the Lord, the Lord raised up a deliverer for the people. Through-out the book, the book of judges tells about prophets, rulers and influencial people such as: Othniel, Ehud, Shamgar, Deborah, Gideon, Tilian and Samson. There are also many more minor people.
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?
In Zora Hurston's, short story, "The Conscience of the Court", she explores the value of loyalty and honestly. She also examines how these qualities effect the way others can perceive an individual and the trust that these qualities enable others to convey towards those that express them. This text shows the loyalty that a black woman holds for her employer and the trust that the two share during a time of turmoil and general distrust of blacks by whites. "The Conscience of the Court" is unusual because it depicts an uneducated black woman triumphing over a white bigot in a situation and time period in which an unspoken rule places the law on the white man's side. Hurston expresses her own beliefs about the racial discrimination in this story, most clearly concerning the richness of family values and her lack of bitterness about being a person of color.
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.
Criminal Justice professionals make decisions everyday and they have to be able to recognize when an issue involves ethical considerations. Therefore, in order to recognize these issues and make appropriate and correct decisions, it is important that the criminal justice professional study ethics. In order to make a good ethical decision the professional will have to have the ability to apply knowledge of ethics, know the ethical terminology and the concepts needed in making a good ethical decision.
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
Some people say that the definition of independence is a complex word and idea to try to define. In al truth independence is a perplexing word to try to define. This is because everybody has their own speculations of what independence is. Very infrequently are their two people that have the same perception of what the definition of independence is. What I perceive the definition of independence is the absolute freedom to do what you want, and to not be held back by any rules or laws of government or man, but by the rules and laws of nature and your own self concise. My view of independence may greatly differ form your beliefs on the definition but in this paper I will try to show exactly what my perspective on the definition of independence is by my experiences, my beliefs, my thoughts, and research on the subject at hand.
Impartiality means that the judge should not show bias to any of the parties. The two parties should be treated in the same way in terms of equality. Additionally, both parties should be given similar opportunities to submit their cases.