Nobody downloaded yet

Effects of Lack of Diversity on the Impartiality of the Judicial Officers - Essay Example

Comments (0) Cite this document
Effects of Lack of Diversity on the Impartiality of the Judicial Officers Name: Course name: Course instructor: Date: Outline i. Introduction ii. The Judiciary in England and Wales as It Is iii. Challenges of Independence and Impartiality of the Judiciary iv…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.6% of users find it useful
Effects of Lack of Diversity on the Impartiality of the Judicial Officers
Read TextPreview

Extract of sample "Effects of Lack of Diversity on the Impartiality of the Judicial Officers"

Download file to see previous pages This is echoed by Article 6, paragraph 1 of the European Convention on Human Rights. Such a right to an independent and impartial tribunal contains both objective and subjective elements. The objective element entails separation of powers within the constitutional structure of the country. The subjective element entails avoidance by the tribunal of any semblance of dependence. Consequently, the members of the tribunal should avoid any act, attitude or comment which may lead to doubts among litigants as to the independence of the tribunal. Such avoidance is also part of the necessary impartiality of the judiciary.1 The Judiciary in England and Wales as It Is It has been observed that a judiciary that does not reflect society‘s diversity will ultimately lose the confidence of that society. Such is the replication of England‘s judiciary which has earned the decription of “pale, male and stale” to mean a white, male-dominated bench. This is backed by the fact that women and ethnic minorities are barely represented in the judiciary despite relentless efforts for more diversity in judicial appointments. For instance, Baroness Brenda Hale is the only female justice out of the 12 places in the Supreme Court of England.2 In similar breath, Rabinder Singh became the first Sikh, a non-white, to be appointed a High Court judge of England and Wales.3 This is happening in the midst of heated debates as to how and when to strike a balance between diversity and judicial selections based on merit. Such is the argument of the President of the Supreme Court, Lord Phillips, who favours judicial appointments based on merit over diversification. However, this school of thought has faced strong opposition with some arguing that merit is a non-issue or better yet an excuse not to effect judicial diversity speedily.4 Consequently, the lone-rangers in the judiciary such as Hale have called for more women and ethnic minority judges in the courts. She further terms the lack of diversity on the Bench to be a constitutional issue. While addressing the House of Lords Constitution Committee, Hale argued that judicial officers would approach issues differently based on their background, and that a lack of diversity could also change the substantive results of cases. Therefore, as such resistance to diversity among judges is considered to be misguided. She in turn suggests that some cases require diversity of perspectives and life experiences in order to get the best results. A case in point is in child-birth and rape matters where she suggests that the gender of justices would matter in how the cases are determined. Challenges of Independence and Impartiality of the Judiciary Judges are subjected to various kinds of pressure aimed at compromising their ability to dispense justice in an impartial and independent manner. For instance, the independence and impartiality of the judiciary is compromised when they are appointed by the Executive or Legislature or even where they are elected. This is further exacerbated by lack of tenure where they are employed on temporary contracts and are poorly paid thus they become susceptible to corruption they may also be publicly be criticised by the other arms of government in order to ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Effects of Lack of Diversity on the Impartiality of the Judicial Essay”, n.d.)
Effects of Lack of Diversity on the Impartiality of the Judicial Essay. Retrieved from
(Effects of Lack of Diversity on the Impartiality of the Judicial Essay)
Effects of Lack of Diversity on the Impartiality of the Judicial Essay.
“Effects of Lack of Diversity on the Impartiality of the Judicial Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Effects of Lack of Diversity on the Impartiality of the Judicial Officers

Lack of Staff diversity in prisons

...?Lack of Staff Diversity in Prisons April 22, There has been a dramatic increase over the past few decades in the number of women who enter the field of corrections and in fact, there is reported to be significantly more women employed in jails and prisons than men. This has resulted in gender-based issues relating to corrections employment that needs examined in the research. In addition, there has been a significant increase in the number of women who are being incarcerated in today’s prisons and this too has affected and served to change the face of the environment for those employed in prisons corrections facilities. Added to this is the diverse racial and ethnic population in today’s prisons, the diverse levels of education... of the...
6 Pages(1500 words)Research Paper

Lack of Diversity in Prison Staff

...?Lack of Diversity in Prison Staff Introduction: Despite the fact that in the contemporary age, women have gained increased representation in the staff of the jails, how they think about the correction work in prison is very different from the approach of the men in general, though women’s perceptions largely remain uninvestigated. Nicholas and Mary (1993) did a great job comparing the perceptions of men and women that worked in jails as staff members. Their perceptions were evaluated with respect to the tension ingrained in the working in jail, the extent to which the male and female staff members working in jail were satisfied with their job, the environment prevalent in prison and its impact on...
5 Pages(1250 words)Research Paper

Probation Officers and Parole Officers

.... Because of increasing number of probationers and the number of available staff to supervise them, states are considering to contract private probation agencies to assist in the supervision. Privatization critics say that effective correctional services seem to be odd since the companies just want to make profit. Private probation is seen as competing and intruding with the government traditional and the purpose of conducting punishment in a fair manner. They have no uniform method of monitoring probation conditions or make sure that victim restitution is correct (106). Conclusion As Banks notes, today, the police rely much on the probation and parole officers to give them information about probationers...
7 Pages(1750 words)Essay

Officers Perspective

...Officer’s Perspective As an officer, my biggest challenge is to make sure that the law and order conditions within my sphere of profession are adhered to in a staunch way and that any transgressions within this department are taken care of by me in a proactive manner. I would make sure that my biggest challenge does not pose as a hindrance within my working domains and gives me enough confidence and motivation to fulfill my obligations time and again. My challenge would be taken care of by my skills and abilities and if I do not fulfill them accordingly, then there is no use in me being an officer. My challenge is therefore something that I hold very closely to my heart and I will do...
3 Pages(750 words)Essay

Probation Officers versus Parole Officers

... are generally vulnerable since many are not educated, lack higher levels of education, do not have employable skills, face social stigma and/or lack effective family support (Siegel, 2010, p. 639). It could be said that social stigma and lack of family support could be the most difficult to handle. If the period of parole is sufficiently long, the parolee could obtain some basic vocational skills. This could be achieved with the help of the parole officer, supporting social service organizations, and willing citizens. But if social stigma is strong, then the chances of getting a job will be difficult. Apart from this, US laws require a disclosure statement as to whether a job applicant has a criminal record. Some employees... will be...
8 Pages(2000 words)Research Paper

Judicial Restraint and Judicial Activism

...Judicial Activism Judicial activism and judicial restraint are two terms which are bandied about on both sides of the spectrum. Conservatives decry judicial activism. They state that judges should not make law, only interpret the law. However, this is hypocrisy, because conservatives do not seem to mind activism when it comes to issues that they believe in. For instance, in Bush v. Gore, 531 US 98 (2000), which is the ultimate case of judicial activism, conservatives did not decry this case as being a case of judicial activism. But, if one reads the opinion, it is clear that the judges are straining to find reasons for the decision, and...
4 Pages(1000 words)Essay

Correctional Officers

...Labor Dept., 2007) Many of those with good educational background, long experience and effective training are given a chance to take the position of correctional sergeant who manages correctional officers, scheduling and supervising activities of the other correctional officers. Advancement and promotion is easy in a career like this as many officers can become supervisors and administrators and even become a warden. Other officers switch to other jobs related to their experiences or their interests (BOP 2007). Income and earnings of correctional officers vary. The median earning is set at about $28,000 in 1998 but increased to $33,600...
4 Pages(1000 words)Essay

Jury Impartiality in Canada impartial. Other matters which are deemed are relevant have to be passed and other pertinent questions must be approved by a judge. Juries do not have the power to award damages and hence are not used in civil cases. Thesis Statement The juries in the Republic of Canada have portrayed that they cannot be impartial in passing judgments in various cases due to prejudices against either the victim or the defendant. This paper will look into why this situation is prevailing and how it can be alleviated to ensure the judgments passed are just to both the victim and the defendant. To this effect there have been a number of cases in which the juries have passed judgments through...
8 Pages(2000 words)Essay

Judicial Precedent

..., however original precedent are those that apply new rule in decision making. Despite the importance of judicial precedent higher courts can have an effect on it and this occurs when the following occurs: Situations affecting precedent: Decision overruled: This occurs when a decision by a higher court is made in such a way that the decision of a case was wrongly determined. Refusing to follow: This happens when a court does not follow earlier decision and still doe not dispute the decision made in the pat, this is therefore referred to the refusing to follow past decision. Distinguish: This happen when a court rejects decisions of an earlier case on the bases that there were no sufficient facts to...
3 Pages(750 words)Essay

Judicial restraint and judicial activism

...Judicial Restraint and Judicial Activism The doctrine of judicial activism is based on the belief that the federal judiciary is supposed to take an active function by utilizing its powers to examine the activities of the state legislatures, administrative agencies, and the Congress (this is in the case where the aforementioned government bodies go beyond their authority). The Supreme Court acted in an activist manner in the period between 1953 and 1969, and this is in an era when Chief Justice Earl Warren headed the Court. The Warren Court instigated the civil rights onward by suggesting that the laws allowing racial segregation were in violation of the equal protection clause (Bardes, Schmidt, and Shelley 459). On the other hand... , the...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Effects of Lack of Diversity on the Impartiality of the Judicial Officers for FREE!

Contact Us