...thing. This power, however, requires that the judicial branch have effective judges for everything to work properly. Judges have immense responsibility. In criminal trials, they are responsible for making sure that the lawyers follow all of the rules of evidence, and insuring that defendants get every right afforded to them. They make sure that everything is fair, and that the jury is given adequate information to decide the factual guilt or innocence of a party. In civil trials, judges must decide hard cases. In other words, where the law is not exactly clear on a subject, and a novel case comes up, they have the responsibility of interpreting precedent and deciding, in some cases, what the best policy to adopt is. Judges are "bound" by precedent. In every case, the judge must write down his decision, explaining why he decided the way he did, and that decision is published in what are called reporters. These decisions become law. Then, when a similar case comes up, the judge must know the law that has been decided in previous cases, and must evaluate his or her case in light of those previous decisions. This is what is called "precedent." An effective judge will be guided by precedent. They will interpret those cases decided before the one at hand, and will decide what those precedents dictate. In cases where precedent does not dictate a ruling, an effective judge will look at what will result from different rulings, and pick the best possible...
Words: 797 - Pages: 4
...Judges Our system of government is a system that relies on balance in order to prevent a concentration of power and is arguably the most powerful. With its ability to declare both executive and legislative actions unconstitutionally, the judicial branch has a lot of space in determining the final say on whether or not our country can or cannot do a particular thing. This power requires that the judicial branch has effective judges in order to work properly. All judges carry an enormous amount of responsibility. In criminal trials, they are responsible for making sure that the lawyers follow all of the rules of evidence, and ensure that defendants get every right that is afforded to them. They make sure that everything is fair and that the jury is given adequate information in order to decide the guilt or innocence of a party. In civil trials, the judges must decide hard cases by interpreting precedent and decide which policy would be best where the law is not exactly clear on a subject. Judges are responsible for many tasks within the courtroom. The most important responsibility of a judge is to take the oath of office and to uphold that oath. They must swear that they will do their best to ensure that all official duties within their capacity are successfully executed. Judges are somewhat like referees during trials as well as sentencing agents during criminal cases. Judges are also...
Words: 812 - Pages: 4
...Any changes to make in the Justice is left to Parliament. Disclaimer of court for judges, law obligations will be passed on to the Parliament because the foundations of law which should be respected not only by humans but also in judiciary. Judges should not only guided by what they think about a particular case or evidence but must be based on the law which is there to refer to and obey. For the judges it was that more convenient if the proceedings as they see it is only fair and appropriate, not counting whether the decision is the development of the cause or against it would simply easier affair. Professor Burrows very firmly set his argument, I think we should understand the importance of legislation and regulations are to understand our judges and the Supreme Court. Which change are so dramatic only by the Legislation. The motivation for the 1996 Practice Statement in which Lordships could depart from earlier decisions, it was the release of judges from bad precedent. This helps because bad decision will not be repeated in the next issues. Young V Bristol Aeroplane. In my opinion, such an exemption judges of freedom can really complicate, because during the conflict occurring in a lawsuit between the need for certainty and the need to change is the prevention any danger. Willmott v Atack 1977] QB 498. But certainty not...
Words: 590 - Pages: 3
...Subject: Case #2, Hamilton County Judges Introduction In an effort to better evaluate the performances of the judges of Hamilton County, the Cincinnati Enquirer hired the firm of DLS to investigate the courts. DLS examined all cases disposed, appealed, and reversed in Common Pleas, Domestic Relations, and Municipal Courts over a three year period. The data provided to the investigators consisted of 182,908 cases handled (disposed) by 38 judges. The investigating team of DLS assessed rankings based on the performances of the judges. Methodology The investigators from DLS used the table provided to assist in the data analysis. Excel was the primary software used for the case. Tables were formed to show the probabilities of appealed and reversed cases. The tables included information from all three courts and provided probabilities of reversed cases, appealed cases, and reversed given appealed cases. Tables and bar charts were used to designate the rankings of the judges’ performances. The bar charts contained data of the probability of appealed or reversed cases. Results From the data collected (see Appendix A, Table 1) analysis was conducted. The judges were each given a probability of cases appealed, reversed, and reversed given appealed. The judges were then ranked based on the probabilities in the different courts. Table 1.2 covers the Common Pleas Court and in this table the team of DLS provides the ranking of each judge based on the probability of cases...
Words: 966 - Pages: 4
...information from the Common Pleas, Domestic Relations, and Municipal courts were submitted for review. This review complied information from 38 judges who had a total of 182,908 cases presented to them over a three year period. This review showed the number of cases that were disposed, appealed, and their verdicts reversed. The review was to assist in determining which judges have a greater proficiency trying cases and their verdicts stand as rendered rather than the verdicts being appealed or reversed. Each judge’s case load was reviewed and the statistics were determined by how many cases have been appealed, reversed or a combination of both. The below information will assist in determining which judges have made the most along with the least incorrect verdicts during the three year period reviewed. This review will show that for all the disposed cases during the evaluation period the probability of a case being appealed and reversed in the Common Pleas Court was 0.1129 (11.29%); Domestic Relations court probability of a case being appealed and reversed was 0.1604 (16.04%); Municipal Court probability of a case being appealed and reversed was 0.2080 (20.80%). The probability of a case being appealed for the Common Pleas Court, per judge is below: Judge | Appeal Per Judge | Reversed Per Judge | Reversal of Appeal Per Judge | Fred Cartolano | 0.04511 | 0.003951 | 0.087591 | Thomas Crush | 0.035291 | 0.002966 | 0.08404 | Patrick Dinkelacker | 0.034976 | 0.006359...
Words: 962 - Pages: 4
...When it comes to crime, we as a country pride ourselves on the fact that we always try to give every person, citizen or noncitizen a fair trial and their due process under the law. Our country was built on these ideals and we try to do everything that we can to preserve that. However, when we give so much discretional power to police and others in the justice system without enforcing the limits, we are asking for trouble. Everyone makes mistakes in their lifetime, it’s just a natural part of being a human and sometimes because of those human errors innocent people fall victim to wrongful accusations and end up in prison over a crime that they didn’t commit. Most officers and prosecutors don’t want to put innocent people in jail and there are relatively few officials out there that abuse their discretional power and spoil everything for us all. I agree with the statement that was made but only to an extent. I argue that discretion is more good than bad and is a necessary evil that we need even though there is a chance that it could be abused by the people that control power. Furthermore, I argue that the theories and laws to limit the discretion officers and prosecutors have are useless because they are usually not enforced strictly enough. One of the reasons that we need police discretion is because of how narrow most laws are when they are created. The nature of our laws prevents them from fitting every situation that comes up which is why we have trials to test a man’s innocence...
Words: 1617 - Pages: 7
...Hamilton County Judges Effectiveness Study Prepared by Team 32 Prepared for Dr. Norman Lewis BA 2300 Statistics 1 This study is designed to provide the efficiency status of 38 Hamilton County Judges. The study looked at the number of cases disposed, appealed and reversed. The information gathered is from data for the Common Pleas Court, Domestic Relations Court and Municipal Court. Two of the judges, Patrick Dinkelacker and Timothy Hogan served in two different courts during the three year study period. This report will show the efficiency of all 38 judges as a whole and as individuals. There were 182,908 total cases disposed during the study with 2,368 were appealed and 320 decisions being reversed. Based on the data provided in the Hamilton County Judges study the following probabilities were found: A. Common Pleas Court disposed 43,945 cases disposed equaling 24% 1,762 cases appealed equaling 4.01% 199 cases reversed equaling .49% B. Domestic Relations Court 30,499 cases disposed equaling 17% 106 cases appealed equaling 3.36% 17 cases reversed equaling .06% C. Municipal Court 108,908 cases disposed equaling 59% 500 cases appealed equaling .44% 104 cases reversed equaling .09% Court Cases Common Court 24% Municipal Court 59% Domestic Court 17% Distribution of Total Cases Disposed by Court The probability of appeal by judge for each court is as follows: A. Common Pleas Court Judge Fred Cartolano Thomas Crush Patrick Dinkelacker Timothy Hogan Robert Kraft...
Words: 1525 - Pages: 7
...Judges: The book of Judges was written between 1050 and 1000 BC and even though the author is thought to be unknown, Samuel could have possibly been the creator. The book of Judges spanned over a period of roughly 325 years and it described a very dark time in the history of Israel. The first civil war for Israel was also documented in this book. Judges was written from a prophetic view point for the people of Israel and the main lesson was to teach them that God will judge and punish all sin as well as the sinners for the acts they commit. It also told how God would always return to his people once they seek forgiveness and repent for their sins. The book of Judges has shown many generations how not to act and it reminds everyone that we...
Words: 728 - Pages: 3
...Problem: Hamilton County Judges Three major court systems in Hamilton County were reviewed in depth, and case information from the Common Pleas, Domestic Relations, and Municipal Courts were reviewed. This study compiles information from 38 Judges who had a total of 182,908 cases presented to them over a three year period. This study shows the number of cases that were disposed, appealed, and reversed. This study is to aid in determining which judges have a greater proficiency trying cases and their verdicts stand as rendered, rather than the verdicts being appealed or reversed. Each judges case load was reviewed and the statistics were determined by how many cases have been appealed, reversed or a conjunction of both. This information will help determine the judges who have made the least, as well as the most errors, while serving in the Hamilton County Court System over the three year period. This study will show that for all the disposed cases in the Hamilton County Court System during the 3 year evaluation period, the Common Pleas Court the probability of a case being appealed and reversed is 0.1129 (11.29%); Domestic Relations Courts probability of a case being appealed and reversed is 0.1604 (16.04%); Municipal Court probability of a case being appealed and reversed is 0.2080(20.80%). The probability of a case being appealed, per judge is: (P) indicating Probability Common Pleas Court Judges: (P) of Appeal per Judge (P) of Reversal per Judge (P) of Reversal given...
Words: 1167 - Pages: 5
...Can most judges be considered truly impartial? Yes, A judge holds massive power in civil law and common law. Because this power is unreasonably large compared to both the criminal defense lawyer and the prosecutor an offender has the right to trial by an impartial and unbiased judge. In most cases a judge needs to be unprejudiced and impartial. It is even proven that a judge must be the same way in their personal lives. judges must avoid words, actions or situations that might make them appear to be biased or disrespectful of the laws they are sworn to uphold. In other words, they must refrain from comments and suggestions. Outside the courtroom, judges do not socialize or associate with lawyers or other persons connected with the cases they...
Words: 264 - Pages: 2
...Attorney vs. Judge Lisa Lupola CJS/211 July 13, 2015 Instructor Leesa McNeil Social Media “With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the jury box, and even pierced the veil of judges’ chambers”, Assoc. of Bar of St. of N.Y. Eth. Op. 2012-2, *4-7 (2012). Unfortunately, for a 52-year-old lawyer Joyce Nanine McCool, is disbarred after using Twitter and an online petition on Facebook, encouraging citizens to contact the judges involved in an alleged child abuse custody case. Did this lawyer act in the best interest the of children in this alleged sex-abuse and divorce case or was this was an act of unethical and unprofessional misconduct attempting to influence the judges involved in this case? Why would this attorney risk being disbarred for this cause? Outside the Box Ms. McCool, Esq. represented a client and friend in a bitter divorce case in which the client’s two small daughters accused their father of sexual abuse. The ethical dilemma constitutes ex parte communication, which is prohibited. The "12 Cfr 263.9 -Ex Parte Communications"(1994) website defines, “Ex parte communication as any material oral or written communication relevant to the merits of an adjudicatory proceeding that was neither on the record nor on reasonable prior notice to all parties that takes place between:”...
Words: 913 - Pages: 4
...Judge Danforth has another problem which plays along with the first problem of biased decisions. Mr. Danforth will do anything to keep his reputation and credibility even if it means he has to sacrifice hundreds of lives. Mr. Danforth wouldn’t even look at Mary Warren's deposition due to him knowing she was innocent and that would mean his credibility would go down along with his reputation. Mr.Danforth wouldn’t listen to Gilley's as a result of his wife was already accused by the court which also means that he wouldn’t be able to go back on his word. With Mr.Danforth’s reputation he comes off as someone who thinks to highly of themselves. When Mr.Hale was questioning Judge Danforth of those 72 signatures Judge Danforth says “Mr. Hale, you...
Words: 382 - Pages: 2
...CRJS 3002-2 Week 3 Assignment Christopher McCrae After my review of case, In re: Judge James M. Deleon – No. 2 JD 08, it is apparent to me that Judge Deleon did not just violate cannons one, two, and three of the Code of Conduct for United States Judges, he did so knowingly and willfully. As I will explain, based on my observations and/or understanding of the case, Judge Deleon abused his judicial power as an elected and court appointed official to impress and/or gain favor from someone he recently met as a social event which 1) were not in keeping with standards at set forth by the code of conduct, 2) compromised his integrity as a judge and the integrity of the Pennsylvania judicial system and, 3) violated the due process rights of the so called accused in this case. In keeping with the parameters of this assignment, Judge Deleon violated the code of conduct by committing the following actions, 1) issuing a stay away order against defendant, Lee Corley, on behalf of George Sdefu and his spouse, attorney Susan Satkowski, without requiring a petition be legally and properly filed for action, 2) issuing a stay away order against defendant, Lee Corley, without previous notification to the defendant as to the reasons why and not conducting any type of evidentiary hearing or investigation to establish any level of guilt on the part of Mr. Corley, 3) vacating the stay away order after meeting with Mr. Corley and his legal representation without...
Words: 759 - Pages: 4
...Dear,Judge Cornea On the day of October 23,2015 at 8:55,I interviewed the defendant to determine his mental state.As I interviewed the defendant I questioned him about the incident that took place at the home.The defendant acted very suspicious as I interviewed him.I asked the defendant did he know anything about the old man’s whereabouts.He didn’t seem to know,so here is what I have to say of what happened. The defendant said he was never kinder to the old man than during the whole week before he killed him.The old man never did anything to the defendant to cause his death.The defendant also admitted to sneaking into the old man’s room for seven nights.The old man would always sprang up in his bed and cry out “Who’s there?”(Poe...
Words: 292 - Pages: 2
...History 7 : 30 Judge Dee the Great Magistrate Judge Dee Gong An lived during the Tyang Dynasty (618-906 AD), China was going through a golden age of growth and prosperity. The society was able to focus on intellectual pursuits involving legal and social issues. Judge Dee was the Magistrate of Chang-Ping and came from a long line of high-ranking government officials. A Magistrate, was a civil officer or in this case a judge who is responsible for administering the Emperor's laws and was to look after the people in his assigned area. He conducts a court that deals with minor offences and holds larger hearings for more serious cases. In order to be a good magistrate, the person needed to be just, impartial, respected, and wise and able to be responsible for the conduct of the people under his influence. These descriptors accurately described Judge Dee. Judge Dee had a certain approach for solving his cases. These philosophies provided him with significant...
Words: 1136 - Pages: 5
