Numerous cases, criminal and civil ones, are observed by a judge without a jury. The judge is who decide which witness is telling the truth, and is who applies the law to decide whether a civil case has been established or in criminal cases, whether there's proof beyond reasonable doubt, that the suspect is guilty (Courts). The United States legal system is founded upon the belief that independent, neutral, and competent judiciary, comprised of men and women of integrity, will understand and apply the law that rules our society. Therefore, the judges plays a big role in preserving the principles of justice and the rule of law and most respect the judicial office and attempt to maintain confidence in the legal system. A judge must at all times avoid impropriety and appearance of impropriety (Courts). .
Judges discretion refers to the power that judges have to interpret some laws. State and federal judges can use judicial discretion, however it's important to emphasize that their discretion is not unlimited. Judges can use their discretion to interpret the laws that already exist, as long as the interpretation does not oppose with the language of the existing law. Judicial discretion is also constrained by the rights assigned in the other branches of the government, and by the doctrine of "stare decisis", or better describe as maintaining what has been decided (Manaugh). In other words Judges does not have the unlimited right to make and interpret laws. If the state or the federal administration passes a law, then it's called statutory law, which judges are compelled to follow, although when the law it's not clear they can interpret it. However they can interpret a law, judges cannot use their discretion to overruled statutory laws. With that been said, if a judge has already made a decision of a matter, all upcoming judges must apply it in their cases. .
Despite the value of ethical behavior, there is a slight guidance in most of the jurisdictions about what is suitable behavior.
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 ...
