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Author : Eugene A. Wright
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (418 download)
Download or read book The Dilemma of the Trial Judge written by Eugene A. Wright and published by . This book was released on with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Martha L. Komter
Publisher : Routledge
ISBN 13 : 1000149315
Total Pages : 186 pages
Book Rating : 4.0/5 (1 download)
Download or read book Dilemmas in the Courtroom written by Martha L. Komter and published by Routledge. This book was released on 2020-07-24 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior. This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem. Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment. Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events. Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.
![Download Dilemma of the Trial Judge: [an] Address to the National Conference of of State Trial Judges, American Bar Association Convention, Honolulu, Hawaii, August 3, 1967 PDF Online Free](https://books.google.com/books/content/images/frontcover/pb0iGwAACAAJ?fife=w200-h370)
Author : Eugene A. Wright
Publisher :
ISBN 13 :
Total Pages : 9 pages
Book Rating : 4.:/5 (417 download)
Download or read book Dilemma of the Trial Judge: [an] Address to the National Conference of of State Trial Judges, American Bar Association Convention, Honolulu, Hawaii, August 3, 1967 written by Eugene A. Wright and published by . This book was released on 1967 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lynne Curry
Publisher :
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.3/5 (91 download)
Download or read book The DeShaney Case written by Lynne Curry and published by . This book was released on 2007 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joshua's story -- Child protection in the nineteenth and twentieth centuries -- The crime of child abuse -- DeShaney v. Winnebago County in the lower courts -- DeShaney v. Winnebago County in the U.S. Supreme Court -- "Poor Joshua!" DeShaney v. Winnebago County in the court of public opinion
Author : Canadian Judicial Council
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (31 download)
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author : Przemysław Kaczmarek
Publisher : Wydawnictwo C.H.Beck
ISBN 13 : 8381580404
Total Pages : 355 pages
Book Rating : 4.3/5 (815 download)
Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Przemysław Kaczmarek and published by Wydawnictwo C.H.Beck. This book was released on 2018-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Author : Vincent Luizzi
Publisher : BRILL
ISBN 13 : 9004365710
Total Pages : 169 pages
Book Rating : 4.0/5 (43 download)
Download or read book Appeal to the People's Court written by Vincent Luizzi and published by BRILL. This book was released on 2018-04-24 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Appeal to the People’s Court: Rethinking Law, Judging, and Punishment, Vincent Luizzi turns to the goings on in courts at the lowest level of adjudication for fresh insights for rethinking these basic features of the legal order. In the pragmatic tradition of turning from fixed and unchanging conceptions, the work rejects the view of law as a set of black and white rules, of judging as the mechanical application of law to facts, and of punishment as a necessary, punitive response to crime. The author, a municipal judge and philosophy professor, joins theory and practice to feature the citizen in rethinking these institutions. The work includes a foreword by Richard Hull, special Guest Editor for this volume in Studies in Jurisprudence.
Author : Aharon Barak
Publisher : Princeton University Press
ISBN 13 : 1400827043
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author :
Publisher :
ISBN 13 :
Total Pages : 1138 pages
Book Rating : 4.:/5 ( download)
Download or read book Supreme Court of the State of new York Appellate Divison Third Department written by and published by . This book was released on with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. Senate. Committee on the District of Columbia
Publisher :
ISBN 13 :
Total Pages : 1114 pages
Book Rating : 4.0/5 (17 download)
Download or read book Nomination of an Associate Judge written by United States. Congress. Senate. Committee on the District of Columbia and published by . This book was released on 1976 with total page 1114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : New York (State).
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4./5 ( download)
Download or read book New York Court of Appeals. Records and Briefs. written by New York (State). and published by . This book was released on with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael David Smith
Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (91 download)
Download or read book Race Versus Robe written by Michael David Smith and published by . This book was released on 1983 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Edward Wyzanski
Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.3/5 (91 download)
Download or read book Whereas--a Judge's Premises written by Charles Edward Wyzanski and published by . This book was released on 1965 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Henry Wigmore
Publisher :
ISBN 13 :
Total Pages : 762 pages
Book Rating : 4.3/5 (511 download)
Download or read book A Treatise on the System of Evidence in Trials at Common Law written by John Henry Wigmore and published by . This book was released on 1905 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kathleen DeRonde
Publisher : Christian Faith Publishing, Inc.
ISBN 13 :
Total Pages : 532 pages
Book Rating : 4.8/5 (875 download)
Download or read book Judge on Trial written by Kathleen DeRonde and published by Christian Faith Publishing, Inc.. This book was released on 2023-05-26 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge On Trial is an in-depth analysis of the 1983 "Amy" case, where a twelve-year-old girl was confined to juvenile hall for her failure to testify against her physician father who had confessed to molesting her. It occurred during the same week that ABC released its breakthrough incest drama, Something about Amelia, which attracted sixty million viewers. The mainstream media crucified the decision to hold the girl, calling it a Kafkaesque legal fiasco--the system punishing the child it was designed to protect--but local news media, legal experts, and victims of child abuse disagreed. This is the story of the case as written by the judge's wife, Kay DeRonde, detailing the pressure applied to the girl by the mother, the father, and their attorneys to drop the case so that the family could stay together. Its further goal was to save the doctor's medical license. The commentary in this pivotal book raises even larger questions: Are child witnesses free to testify? Should admitted molesters be able to access the victim by attorneys, acting through the mother? And was justice served by dismissing the case? This book provides the answers and confronts the legal, moral, and faith-based dilemma raised by the stunning series of events.
Author :
Publisher :
ISBN 13 :
Total Pages : 1292 pages
Book Rating : 4.:/5 ( download)
Download or read book Supreme Court written by and published by . This book was released on with total page 1292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hilmi M. Zawati
Publisher : Oxford University Press
ISBN 13 : 0199357110
Total Pages : 273 pages
Book Rating : 4.1/5 (993 download)
Download or read book Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals written by Hilmi M. Zawati and published by Oxford University Press. This book was released on 2015-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.
