By establishing fixed sentencing periods‚ judges have minimal discretionary powers to influence the penalty. Any question of partiality of the sentencing portion of a trial would be removed and consequently‚ judges would be able to make unbiased and principled decisions (Determinate Sentencing Pros and Cons 2014). In doing so‚ they would be able to maintain the rule of law. The rule of law in the contemporary Australian legal system promotes equal access to justice for all (Vines 2013‚ p. 319). As
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accepted measures in place fundamentally seek to preserve the neutrality of judges and govern overt manifestations of judicial preference‚ whilst also protecting the judiciary from condemnation following any decisions they make . In addition to the 2005 Constitutional Reform Act‚ a substantial degree of security of tenure and remuneration‚ for instance‚ reducing a sense of fear within the judiciary. Tenure prevents judges from being removed from office on the basis of their judicial decisions‚ allowing
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are two types of trials a bench trial also known as a court trail and a jury trial. NYS procedural law 260.10‚ states that every criminal depending on the crime must be trialed with 12 randomly selected jurors. The bench trial is another term for a judge trial without the jurors. The bench trial is conducted in this fashion; both parties present their evidence or make their opening statement. After the plaintiff finishes presenting his evidence‚ the defendant presents
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inappropriate to give the Crown conflicting bits of advice. Today 13 independent state will send their final appeal to the PC Caribbean administration system had no say in the composition of the judges or their tenure or the role of procedure of the court. CCJ • Justice Malachlins stated in an article “ If the judges who comprise a nation final court are entirely detached from an intimate understanding of that nations realities there will always be present a risk‚ a danger of a disconnect between the jurisprudence
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was charged with one count of aggravated assault that occurred in a collision during a recreational non-contact ice hockey game. The appeal was upheld in the Ontario Court of Appeal in a decision written by Hourigan J.A.‚ reasoning that the trial judge erred through impermissible speculation to reach their verdict. The appeal concerns a collision between the appellant‚ who played for the Tiger-Cats and the complainant‚ who played for the Pirates. In the final 47 seconds of the game the collision
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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Legal Profession in Russia Guest lecture at Law Faculty of University of Tartu‚ 5th of November‚ 2012 Dr. Mikhail Antonov Associate Professor of Law Faculty of Higher School of Economics – Saint Petersburg‚ Director of Research Center for Legal Argumentation‚ Executive Director of “Russian Yearbook for Legal Theory”‚ Advocate The author’s position does not necessarily correspond to the official position of National Research University “Higher School of Economics” Legal Education in Russia: Principles
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role of a federal court system was to bring together the administration and judges (Cohen and Spitzer‚ 1996). The role of a judicial official is to administer procedural justice that helps a defendant to accept accountability. The Procedural Justice Theory suggests that a person will see rulings as legitimate‚ and adopt the court’s value and goals (Wales et al.‚ 2010). O’Scannlain (2010) states the role of the federal judge is to apply the Constitution of the United States in a court setting.
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important aspect of a particular state. Each state has a different method of nominating and confirming individuals to particular court in a state. In the State of Indiana‚ the state uses political commissions and partisan elections as a means of selecting judges to a variety of judicial slots with each level being more important to the overall well-being of the state. Main Body In the State of Indiana‚ when there is a vacancy for the Supreme Court and the Court of Appeals‚ the state uses an independent
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CHAPTER 1 THE COURT STRUCTURE - The present court structure has been in effect since June 1994 following the Constitution (Amendment) Act 1994. - The judicial powers are exercised by the Subordinate Courts and the superior courts organised in a hierarchy where the Subordinate Courts are at the lower level and the superior courts at the higher level. THE SUBORDINATE COURTS (The Subordinate Courts Act 1948) THE PENGHULU’S COURT - The Penghulu’s Court is presided over by a Penghulu who has
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