Nobody downloaded yet

JUDICIARY - Essay Example

Comments (0) Cite this document
Summary
THE JUDICIARY (One of the Three Pillars of the Justice System) Name of Student (author) Name of University (affiliation) A. Introduction Human society has evolved over thousands of years into what it is today. One of the hallmarks of this development is becoming a civilized society, in which people organize or form associations and arrangements for everyone to live peacefully with each other…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
JUDICIARY
Read TextPreview

Extract of sample
"JUDICIARY"

Download file to see previous pages This is the democratic principle enshrined in the Constitution, the rule of law to prevent the tyranny and also maintain law and order. To achieve this end, the three foundations of a justice system are the police for the enforcement function, the criminal justice system for court trials, and finally, the corrections or the prison system to incarcerate and rehabilitate those convicted of crimes against society. Members of the criminal justice system, such as the prosecutors, defense attorneys, and judges or justices must at all times implement and interpret the law with probity, fairness, justice, equality, and solidarity in the pursuit of human rights protection for all, exercise their function without fear or favor. All the said members must act in an ethical manner at all times, free from any corruption, and not influenced by any consideration except morals B. Discussion The judiciary performs its functions with the utmost fairness and equality; how judges must implement or interpret the law without any influence or pressure from anybody, so that citizens will have faith and trust in their justice system, as their supreme protector against oppression by powerful individuals or influential pressure groups. However, it is also faced with a number of problems or issues it must address so it can carry out its mandate adequately. 1. Judicial ethics – members of the judiciary are brought to a higher standard than other people, they being expected to uphold the law at all times so people will also respect the law. The foundation of law is based on the validity of civil ethics within pluralism (Cortina, 2000). a. Solemn oath – this is a reminder to always stick to the straight and narrow path, despite temptations along the way in performance of duties. Corruption has been a bane, because people tend to accept bribes or other considerations of value (Montinola & Jackman, 2002). b. Sanctions – the judiciary does not take too kindly to its erring members and imposes a variety of measures such as fines, suspensions, disbarment, and even imprisonment. c. Code of conduct – members of the judiciary have to be careful in their actions at all times, to uphold the integrity and independence of the judicial branch of government. Standards are contained in the judicial canons issued by the Supreme Court, to include such matters as the avoidance of any impropriety, or even just the mere appearance of impropriety, and to avoid any partisan political activity at all times, such as campaigning for a particular party or candidate. It is a co-equal branch and must exercise its independence always (Fox & Stephenson, 2011). 2. Why people commit crimes – there will always be deviants in any society. Why these people commit crimes despite the certainty of punishment made sociologists offer their theories. a. Anomie theory – this was introduced by eminent French sociologist Emile Durkheim, in his book The Division of Labor in Society published back in 1893, which explains the modern phenomenon of deviance, resulting from feelings of inadequacy and ambiguity, coming from the industrialization of society, causing normlessness from loss of values and traditions (Franzese, 2009); anomie views criminals as victims of society, unable to cope, and not as mere deviants. b. Strain theory – ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“JUDICIARY Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/law/1480838-judiciary
(JUDICIARY Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1480838-judiciary.
“JUDICIARY Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1480838-judiciary.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Chinese Judiciary Achievements
...? Topic: In line with China’s economic reform, the Chinese judiciary has undergone formalization and institutionalization. What are the achievements and constraints the judiciary has had in the process? Introduction China has experienced fundamental and quick reforms in the legal and commercial areas since 1979. China as a country started almost from scratch and has recorded a substantial progress towards creating a commercialized arbitration system portraying international practice. Efforts have been directed by the government towards realizing a western-style legal occupation whose emphasis is on civil law which is in line with the country’s economic reforms. Despite this strides made, china is still away from achieving a wholly... ...
12 Pages(3000 words)Essay
JUDICIARY
...? The Judiciary The Judiciary Introduction The purpose of this study is to show the role of the judiciary in the pursuit and implementation of social justice in the society. As a branch of the criminal justice system, the study uses the hypothesis that professionals in the field of legal affairs such as lawyers, judges and advocates can use the principles of social justice, such as solidarity, human rights and freedoms, fairness and equality to promote justice in the contemporary society. With the claim in the statement remaining so strong, the study emphasizes on the manifestation and the indicator of social justice. The professionals in the field of legal issues apparently are the only...
6 Pages(1500 words)Research Paper
Role of the judiciary
...? Constitutional Changes that have occurred in the United s with regard to Foreign Affairs Constitutional Changes that have occurred in the United States with regards to Foreign Affairs Introduction The American foreign policy regulations are basically made up of what is stipulated by constitutional law. Foreign policy has to do with subjects concerning American diplomacy, military interventions in other nations, international partnerships, and how it conducts its economic power. It also has to do with America’s treaties with other nations and its selection of American ambassadors to other nations. Thesis Statement: The American constitution stipulates that the main function of the nation’s foreign policy is to protect... Constitutional...
10 Pages(2500 words)Essay
Judiciary Assignment
...Texas Judiciary Assignment Assignment Part This case entails of some community members who had a union that lasted for three days at the Del Lago Golf Resort located near the Lake Conroe. During the first night, the security officer forced a drunken patron from the bar and locked it earlier because of the disturbing situation. On the second night, the community members met at the resort bar to celebrate a wedding, it was during the period that tension among the communities developed. This entailed of incidents that developed tension and verbal exchanges among the individuals in the party, however, the security officer did not force anyone outside the bar. However, at around midnight, turmoil broke out for a couple of...
2 Pages(500 words)Essay
THE FEDERAL JUDICIARY
... The Supreme Court Washington Appeal Court Cases on Contraception Rule in the Affordable Health Care Act The Supreme Courtis currently hearing the cases on contraception that the Obama healthcare program requires employers to finance insurance cover for contraceptives. Two corporations who argued that their businesses are run on religious principles brought the case before the court (Liptak). Hobby Lobby, one of the challengers is a chain stores owned by a religious family. The other challenger is Conestoga Wood Specialties, a company that makes wooden cabinets and is owned by Mennonite family (Liptak). The court case is represented by Paul D. Clement who argue the case on behalf of the companies and solicitor general, Verrrille... The...
1 Pages(250 words)Essay
Texas Judiciary Assignment
...Texas Judiciary Assignment Facts The case involves an individual, Bradley Smith, and Del Lago partners. The plaintiff suffered injuries as a resultof the fight that broke out at a bar owned by the defendant. The plaintiff argues that the defendant did nothing to ensure his safety at the bar since he was not the party to the fight that broke at the bar. Mr. Smith had been invited to a party at the bar and sustained injuries after an altercation ensued at the bar. In his argument, the plaintiff argued that the bar breached its duty to care under the premise-liability claim. He argued that the bar could have done more to ensure that the persons not involved in the fight were not injured. Decision Smith won the case on a...
2 Pages(500 words)Assignment
Chinese judiciary independence
...Chinese Judiciary Independence In China, the judicial system consists of three parts: Court, Procuratorate and Public Security Organs. The Court is the judicial organ of state. Procuratorate is the state organ for legal supervision, and Public Security Organs is one of the most important parts of government mandated with the function of investigating criminal and civil cases. In order to research and discuss Chinese judiciary independence, we have to talk about three representatives and explore important data. These are Disapproval Arrest rate, Disapproval Prosecution Rate, and the quantity of Counter-appeal. In a simpler way, making a complete and legitimate judgment has three procedures in China....
7 Pages(1750 words)Essay
Judiciary
...Judiciary assignment al affiliation) Describe judicial activism and judicial restraint Judicial activism is a legal ruling that is assumed to be based on political or personal consideration rather than on the existing act or law. It is sometimes considered the opposite of judicial restraint. Legal activism definition is a contentious issue in the United States of America, and its questions are often related to statutory construction, constitutional interpretation and separation of powers. Judicial restraint is a judicial interpretation theory that encourages judges to limit the exercise of their power. It states that judges should vacillate to strike down laws unless they are apparently unconstitutional, though what is...
2 Pages(500 words)Essay
US Executive/Judiciary
...crisis crippled the economy leave people without a job while had to do with reduced income. Therefore, increasing the minimum wage will go a long way to bringing back the confidence of the people to spend and help the country out of the crisis. I support this executive order because families need a decent living standard where they can afford the basic needs as well as others non-basic needs. Moreover, it has been found that when families have a variety of choices to choose from because of increased wages the life expectancy increases as well. Judiciary Capital punishment (Hall v. Florida) The case for Hall has dragged in the court since 1978 when he was sentenced to death for killing Karol Hurst. Since that sentence,...
2 Pages(500 words)Coursework
Judiciary
...Over the period of time American Judiciary is said to have transformed itself into foray of politics and has been on the path of what is called judicial activism. The original ideas defined in Federalist 78 clearly suggests that judiciary will be the weakest of the three institutions and it will neither have will nor force but it will merely exercise its judgment. However, over the period of time, there has been deliberate and slow blurring of the boundaries of all the institutions of the State. First and foremost one of the key and significant structural change has been the matters which are relatively undecided in the constitution. Due to relative lack of US Constitution to address certain issues, judiciary became important... the period...
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 JUDICIARY for FREE!
Contact Us