In this century it has become more relevant the issue of good governance and judicial integrity. Our legal process emphasize the role of judges when making legal decisions. Throughout our study we are going to see how judges has to avoid impropriety and the appearance of it in their professional carrier and also their personal lives. We are also going to observe the canons that comprise the Code of Judicial Conduct. This canon provide the guidance to which judges interpret the laws. Those principles of judicial ethic that each and every judge must study. We are also going to see some of the issues that are involve in the legal process when the sentencing is to take place. .
The importance of a good judicial system is unquestionable. We are seeking to acquire a judicial integrity which is essential for the legality of judicial authority, most importantly for public trust. Integrity in the judicial system can be defined as the motivation of one's actions, which can be explain by a circumstance where a judge knows that he/ she has no authority but still goes on to adjudicate knowing that his/ her order has to be followed until set aside, will constitute lack of integrity (Us Courts). However, if the judge has integrity he/she will refuse to adjudicate because he/she knows he/she has no jurisdiction and recognized such decision will damage his/her integrity as a judge. Integrity in ethics refers to the totality of quality that needs to be presented in the human body and the body of the law. .
While we study the legal process, we are going to focus on the roles of the judges in making legal decisions. We know that judges play many different roles. Some of the judge's roles are interpretation of the law, assessing the evidence presented, controlling how hearings and trials develop in their courtrooms but most importantly judges are impartial decision makers in the search of justice. Legal cases are dispute between opposite sides, to ensure that the evidence and the legal arguments will be totally presented, but the judge remains the main provider of the impartial assessment of the evidence and how the law applies to the evidence.
The Courtroom Work Group consists of several important professionals. These professionals are the Judge, prosecuting attorney, defense attorney, bailiff, court reporter, clerk of the court and the expert witnesses. ... The most important of the professionals would be the judge. ... Each state jurisdiction usually has a chief judge. ... Abuse of discretion is a challenge for many prosecutors. ...
Judges can take on three roles in the system. ... In this system, a judge is put through a training program to become a professional judge. These judges must serve as assistant judges in lower courts before they can become judges in a general trial and appellate courts. ... Their function is to give legal advice so arrests stand in court. 5) Describe the use of discretion by prosecutors: Prosecutors have a very big range of discretion. ... They use discretion in deciding the number of charges because the more they add, the better the chance at a plea bargain. ...
In light of sentences passed by judges in criminal cases it is necessary to consider two justifications of punishment which are taken into account by the judge: crime retributivism and crime reductivism. ... Considering the sentences passed by judges in criminal cases, most judges deny that they sentence as they "should." Judges take into consideration the seriousness of the crime committed and use their professional judgement to determine the severity of the sentence. ... In terms of the analytical approach the discretion of the judge is influenced by fo...
There may be some exceptions - there are legal professionals who are also lay magistrates - but the vast majorities are just ordinary members of the public. ... If they commit the defendant to the Crown Court for sentence, then the matter is dealt with by a judge and two lay magistrates. ... If they accept jurisdiction and are prepared to try the case summarily, then, secondly, the accused is asked where he would like to be tried - for he still has the right to be tried by a jury with a judge in the Crown Court. ... If, after examination of these facts, magistrates are not reasonably sure that...
So, judging from these definitions, values and ethics go hand in hand, but these two concepts cannot be directly equated with each other. ... Judging from these definitions, we can clearly see that political and administrative persons are inherently different from each other. ... On the other hand, administrative persons or professionals belonging to different fields define ethics rather differently from the former. ... On the other hand, Carl Friedrich countered Finer by arguing that the effective conduct of government administration requires bureaucratic expertise and the discretion to ...
Judging the Reliability of Child Testimony As mentioned before, judging the reliability of child testimony is a very delicate issue. ... Most children could definitely be credible witnesses if the situation is approached in the most professional and effective way possible. ... To affirm the preceding factors with minimal interference to the witness, a judge or counsel may ask the child a series of questions such as their age, name, or where they go to school to ease into the more important issues they want to address. ... There are several of these procedures that are outlined below:...
The records were delivered to the judge, but none were released. ... The court will then appoint two qualified licensed professionals (psychologist or physician) in the treatment of sexual offenders to evaluate the juvenile and report to the court the treatment prognosis, and if the juvenile presents a serious threat to society. After careful evaluation of the prediction of the licensed professionals, the court will decide whether the juvenile presents a risk for being a serious threat to society. ... At that time, depending on the seriousness of the prediction, the court may use discretion ...
Some candidates advocate "Two Strikes" or "One Strike," which generally means more mandatory sentencing, less judicial discretion, and less chance of early parole. Some legislatures feel that three strike laws have stricter penalties that will reduce crimes, and will reduce judicial discretion (Wilson,2000). ... It means that the judge, the prosecutor, the defense attorney, drug treatment professionals, police officers, and others are working as partners rather than in adversarial roles. ...
I. INTRODUCTION The Ministry of Citizenship and Immigration describes its purposes as fourfold: It seeks to admit immigrants, foreign students, visitors and temporary workers who enhance Canada's social and economic growth; It resettles, protects and provides a safe haven for refugees; It helps newcomers adapt to Canadian society and become Canadian citizens; and manages access to Canada to protect the security and health of Canadians and the integrity of Canadian laws. Consistent with its multicultural ethos, Canada seeks to both ...
