India S. P. Bharucha‚ when he grieved over the rampant corruption in the higher judiciary and brought to notice that around 20 percent judges of the higher judiciary are corrupt. Now the question remains; can the judicial accountability be trusted upon any more? Does the judiciary hold the same value‚ as it had earlier? Is the judiciary abusing its freedom? Can judges be permitted to do anything in the guise of ‘independence’? These are the questions which still remained unanswered. Judicial Corruption
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courtroom work and the rolls and responsibilities of each person. Courtroom Standards Analysis The Role of Judge The judge’s role in the justice system is complex. This is because there are a number of tasks that must be performed
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have today‚ but in my opinion I believe the most influential ones are Roman Law‚ the Magna Carta and Common Law. Roman law is made up of two simple yet complex principles: The law must be recorded and justice could not be left in the hands of judges alone to interpret‚ Roman Law also included the 12 tables. If you look at the Canadian law system you realize that these two principles are incorporated into our laws. Once Roman law started recording their laws every generation since then has recorded
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system is the court. The court system includes prosecution and defense lawyers‚ judges and juries. These individuals have the responsibility to make sure criminals are provided with fair trials. Judges have to hear the cases and make sure that all laws are followed while the cases are being tried. Then‚ assess all that has been said and come up with a verdict. There are cases where they are only tried in front of a judge only. In other cases‚ a jury of 12 citizens who have been chosen to determine
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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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