Judge

courtroom, one could reasonably expect the judge to be the one responsible for the holding of a case. However, does and should the judge exercise his own discretion when deciding cases? Prominent legal theorist H. L. A. Hart claims that judges do exercise discretion, especially in “hard cases”, where there is no pre-existing or unambiguous rule. To this matter, Hart’s brilliant student Ronald Dworkin offers an alternative theory, which argues that judges do not have discretion and should follow…

Alexander Manuel is an African American Judge grew up without any awareness of racism until he was charged with disorderly conduct for a simple parking incident. After that moment he has been subject to racial profiling and discrimination on multiple occasions. Manuel continues by mentioning how his white colleagues are surprised and try to rationalize any answer except racial bias. He then suggests that, “white judges are insensitive to racial issues in their courtrooms” because they themselves…

many of the charges filed against them therefore bypassing a costly trial preceding. The prosecutor usually offers a reduced punishment if the defendants agrees to their terms. In some jurisdictions prosecutors and the defendant can work with the judges to help them determine what the sentence they will get if they accept the plea bargain. As prosecutor, what would you recommend in an attempt to resolve the case and why? If I were a prosecutor in this case I would asked if peter could be…

In the case of Trayvon Martin, certain information was withheld from discovery by the judge in charge at the time. These records included his school records as well as information about mild use of marijuana by the teen and were considered to be capable of establishing a bias against Martin by painting a picture of Martin as a troubled teen capable of engaging in deliberate violence. The judge reserved the right to allow the introduction of the material if warranted by the direction of…

gallery. The judge sits at the high bench at the front of the courtroom and control the hearing and the courtroom…

The Controversial Merit Selection The current debate on how judges should be selected is not a new one, but one that began with adaption of the United States Constitution in 1787, as more states joined the union in the late 18th and early 19th centuries. The main issue of the debate is whether or not judges, who are sworn to apply the law with total objectivity and independence, should be appointed by an executive or elected by the…

provisions “inform the standard of care that Mr. Feener owed to all pedestrians” (para. 7). Justice Cromwell, the sole dissenter, agreed with the Court of Appeal that the trial judge misled the jury to assess the responsibilities of pedestrians rather than those of drivers (para. 14). Another contested point was that the trial judge had questioned whether there were “circumstances that would indicate to the driver that he was in an area where children were likely to be present” (para. 9).…

rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” Caroline Kennedy, along with the founders of our nation, believes that to truly establish a just federal court system, we must create a branch of the government that is held accountable to the law and not the enticing-yet corrupted-motives of the public. While electing federal judges may appear to be the more “democratic” option that allows…

the UK, power and control over society is divided equally between three separate bodies. The separation of powers according to Montesquieu, a 18th Century philosopher, is made up of the Legislature (Parliament), the Government, and the Judiciary (judges) . The power is divided to prevent it becoming dangerously concentrated in the hands of one person or a small group of people . The Government is responsible for developing and implementing laws and is made up of the Prime Minister and…

puppy, it is a story that tries and make you see that looks are deceiving and that we should not judge a book by its cover so to speak. Marie the mother of two whose names are Abbie and Josh was trying to connect with her children and treat them in a way that her mother and father never did for her. Marie wants to be close to her kids and make sure…