Judicial Power And Misconduct

Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus, a person who is authorized with the power of discretion often thinks about how to apply the given supremacy.

Case Name: State of Texas VS. Douglas Nathan Palmer. NO- 6985-C. State’s motion for Judge to disqualify or recuse

Together with, the Constitution of the United States likewise designed a strong government by establishing a national court system. This helped the government become more secure by having equal justice under law for every citizen including the president. In the document Powers of the Federal it presents the judicial powers and the supreme court. It states, “this branch interprets and ruled the actions of the other branches” (Document 2). This shows that the judicial branch has the ability to run each case according to the law it violated, without the influence of outside factors. Founding a national court system preserved and interpreted the law. Also, this demonstrates that having a court system help the government by equivalent laws enforce

The political cartoon analyzes the branches of government using football as a metaphor to show checks and balances that limit the power of the government. Furthermore, checks and balances work for the U.S. government because powers are delegated to each branch and the checks allow for equity among the branches. In the cartoon, the legislative branch and the executive branch are playing against each other while the judicial branch is the referee. In document one, Congress has the power to write laws, but the president can veto the bills that Congress proposes. Thus, the powers balance out the branches’ powers, which keeps them in a tight line of what they are allowed to do. Also, the President appoints judges, but Congress can reject them. They

There are three different branches in the government. In these six different scenarios that were given in this prompt. The legislative branch represents the Congress. The congress is led by the House of Representatives and the Senate. What these two figures in this branch do is make the laws of the state. They have the power to pass laws, agree on treaties, and originate on spending bills. In the Executive Branch, it is represented by the president. In this branch the President has the power to propose laws, is in charge of the military, and has the right to veto laws. Last but not least the Judicial Branch, is represented by Federal Judges. They are appointed by the president and confirmed by the senate. In other words the Judicial Branch enforces the laws and makes sure people are following them as they should be (Branch, no date ).

In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.

The first form of Government in America was the Articles of Confederation, the Articles of Confederation worked but had a few flaws which included no system of national courts and also Congress lacked strong and steady leadership. The weakness’ were quite significant so the Constitutional Convention was held to revise the Articles of Confederation but instead led to the creation of the United States Constitution. The Federalist wanted a strong central government but the Anti-Federalists were scared that would be like Britain again so they opted for a small weak central government; their roles in the Convention were to make The Articles of Confederation please both parties and make compromises. The Constitutional Convention kept the Government from being overpowered by creating Checks and Balances, The Executive branch was responsible for enforcing the laws, Legislative creates the laws, and the Judicial Branch interprets the law. The Checks were intended to keep one Branch of Government from being more powerful then another Branch. The smaller and larger states compromised when creating laws by having the Senate and also the House of Representatives, smaller states like the Senate because this means all states would have an equal amount of reps but larger states preferred the House of Reps because the amount of reps was based on population.

During a criminal proceeding where the appellant, Mr. Doré was the defence council in the Superior court of Quebec, he was subject to personal attacks by Justice Boilard. Taking offence from the personal attacks, he wrote a letter to the judge, which included attacks on the judge’s professionalism, social skills, and shaming him as a judge. (Doré, at Para. 10)

There are two kinds of court in this country. The two courts are state and federal. In this essay I️ will be briefing you on the things that they have in common and the things they don’t have in common such as behavior in the court and the way they handle the state court room.

I believe that the judicial branch has the most power because they have the power to settle disagreements about the meaning of laws and decide if laws and the president decides if laws or action.

Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment

Mr. Bernay mention Judge Cardozo of the Court of Appeals of the State of New York, as an example that judges go through different cases a day and having to decide to pick one. How I see that example is that as PR field, no matter what clients we get, we can have a choice to help them or not. Same goes for judges while they decide on a case to work on.

1) Can she ask the court to order the parties to mediation if Jack refuses to go? If so, under what circumstances will the court do so?

Within the criminal justice system, officials abuse their power. The officials of the justice system have a duty to protect and perform their duties with unbiased decision making. The abuse of power jeopardizes people’s lives who are not able to sustain oneself and their families. Some people do not understand that poorer people find themselves in jail more and once a person is released, that person is subjected to return to jail for the amount of money owed to the state. There are many obstacles for the poor, especially those of color. People of color are treated unfairly in the justice system, from the arrest, the sentencing, and the release. The criminal justice system is supposed to be just but that is not the case. The criminal justice system allows for the police, public defenders, and judges to bend the laws and not be punished for their actions or that apologizes can fix the wrong that has been done. This paper will discuss the abuse of power from the justice system and the solutions to rectify the damages.

In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in