are some of the most recognized crimes that are taken seriously by both the public and the courts equally. However‚ there are some crimes where this is not the case. Sexual assault‚ more specifically rape‚ is one of these acts in which the courts do not always deal out the necessary justice. Rape is a horrible crime that promotes self-esteem issues‚ trauma‚ and even suicide for the victim. Why should the perpetrator get away with a slap on the wrist? Two main causes lead the judicial system to be inadequate
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better defense because I will be one of his main clients while the prosecutor might have a high caseload which I will be one among thousands and get lost. Plea Bargaining In your own words‚ define plea bargaining. Who do you believe benefits the most from plea bargaining? Could a large county in America realistically stop offering plea bargains? Plea bargaining means the negotiation between the defense and prosecutor lawyers on the sentencing an individual will get. One side might give up
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The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case
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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 them to perform their duties independently without
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Introduction: The judicial system in Canada strives to maintain the position that those who enter the courts are innocent until proven guilty. Many minorities enter the courts for various reasons‚ sometimes opposing bills‚ other times for offences that are not always correct. Bills have been passed that target certain groups‚ minorities face the possibility of their ethnicity affecting how they are treated by the police and courts and‚ in particular‚ the indigenous people face negative victimization
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Many things about the remarkable campaign that made Barack Obama the first black president of the United States have been noted and commented upon‚ but an aspect that is particularly relevant to the Philippine political situation is the role played by the youth vote. A new generation inspired a previous generation and that’s how change happens in America. Young people everywhere are in the process of imagining something different than what has come before us: Where there is war‚ they imagine
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is emphatically the province and duty of the judicial department to say what the law is." —Chief Justice John Marshal Judicial review was seldom used before the 20th century and the power of the Supreme Court only evolved over time‚ through a series of milestone cases. Judicial review is one of the courts most fundamental powers wherein the judge has the power to evaluate the constitutionality of any act or law of the executive or legislative branch Marbury v. Madison‚1803 laying the foundation
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The use of judicial waivers and remand to adult court: Several types of transfer for youths from juvenile court to adult court‚ judicial waiver‚ statutory exclusion‚ and direct file exist and are utilized. According to the Office of Juvenile Justice and Delinquency Prevention (2010) judicial waiver is the most popular. "47 States and the District of Columbia provide judicial discretion to waive certain juveniles to criminal court. Thirty-seven States and the District of Columbia have one or more
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Judicial independence is essential to preserve human rights and rule of law. Using examples‚ assess the validity of this statement. Judicial independence is defined as judges being absolutely free from interference and intimidation by external forces. Therefore‚ one of its importance is to preserve human rights. In order for that to be attained‚ a judicial body must be removed from external influences. This is to ensure a fair trial is preserved. An example of judicial independence is reflected
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Analyse the extent to which judges are able to develop the law through the operation of the doctrine of judicial precedent and in the interpretation of statutes. Discuss whether judges should be able to develop the law (30 marks+5marks for AO3) A French philosopher‚ Montesquieu‚ introduced the separation of powers theory in the 18th century. He aimed to prevent dictatorship by simply separating law-making power between the three branches‚ the executive‚ legislature and judiciary. Parliament are
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