eighty five percent of recent Oregon judges have been appointed and less than twenty percent of Gubernatorial appointments are being contested. Since 1983‚ there have been only two judges that were defeated in contested elections. (Yamaka) This fact in itself raises many concerns regarding our judicial process and warrants this recommendation. We know from a political phenomenon called “the axiom of eighty” that eighty percent of the voters prefer to elect judges. As well as‚ eighty percent of voters
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Pretrial Publicity allows for the media to put out information about a person on trial before the case even takes place. This type of publicity can be very effective‚ but it can also be an invasion of personal rights. In the case of pretrial publicity there are conflicting rights such as freedom of press and the right to a fair trial. These rights are essentially equal‚ but does the freedom of press impose on the right to a fair trial? Jurors are people from the public‚ who are not to have any prior
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like Law and Order or CSI. Someone commits a crime‚ is charged and found guilty all in an hour or two. For many crimes this is not the case‚ the offender may never be found‚ or someone maybe falsely convicted. It all hinges on a set of people. The judge‚ the defense attorney and the prosecutor. All of which are not perfect like the US Judicial System‚ and justice is not always served. Individual rights are violated due to prosecutorial misconduct‚ ineffective assistance by criminal defense counsel
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reasonable doubt. The decision to acquit is correct because firstly‚ the highest court in Canada‚ the Supreme Court‚ which also creates precedents and case laws at the top-level decided to acquit her. Secondly‚ there was a minority opinion amongst the judges which
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him!” It was silent for a few seconds. The next time someone spoke it was indeed me again. “She might claim that she came back and he was like that‚ but she did admit to it later.” I said calmly. The judge
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should know as little as possible about the facts of a case before its trial. This is still the position today. The juror is a very important body of highly capable and well-trusted individuals that decide the facts a particular case and assists the judge in deliberating on the same. Lord Devlin stated: “Trial by jury is more than instrument of justice and more than a wheel”. Jury plays a vital role in the criminal justice system‚ but the constitution position in England is vulnerable because of
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Introduction The law to recklessness has developed and changed over a very long time and for much of this time the two types of recklessness have been Cunningham Recklessness and Caldwell recklessness ‚ however this has recently changed. In this essay I am going to talk about the history of recklessness‚ how the case of R v G and another 2003 has affected it and the proposals for reform which were considered as a result of the case. The History on the Law on Recklessness The law on recklessness
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employment of judges and their terms in office. In the Vietnam court system‚ the judges approval is done by the assembly and appointed by the head of state. The judges then have a term of five years in the office like the government which appointment them to work. This is similar to the united state court system where the Supreme Court‚ the court of appeal and the district court judges are appointed to the office by the president of the United State with the approval of the senate. Mostly judges the ruling
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as ultimate appellate courts to safeguard liberal rights and to protect their citizens from arbitrary governmental powers under the rule of law. The quality of these courts is underpinned by the ‘impartiality‚ integrity‚ and independence’ of the judges‚ which depends largely on the framework of judicial appointments. This paper argues that Australia should not adopt a similar mechanism to that used in the Supreme Court of the United States‚ where the Senate must confirm judicial appointments
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CONTEMPT OF COURT Introduction: In a democracy people should have right to criticize judges. The purpose of should not be to upheld the majesty and dignity of the court but only to enable it to function. Anything that curtails or impairs the freedom of limits of the judicial proceedings must of necessity result in hampering of the administration of Law and in interfering with the due course of justice. This necessarily constitutes contempt of court. Oswald defines contempt to be constituted by
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