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Judicial Diversity Case Study

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The lack of diversity is apparent in the Supreme Court of UK which is composed of 11 white men and one white woman. The composition of the panel can directly impact the cases. The case generally reaches the Supreme Court indicates that it is a matter where the law is not clear and there will be, in effect, two possible answers to the question. As Lady Hale recognises: “you will not get the best possible results if everybody comes from exactly the same point of view.” This conclusion is strongly supported by the research on the effects of the judicial diversity carried out largely in US which concluded: Judges panels from the diverse backgrounds are more likely to debate a wider range of considerations in reaching their judgements than homogenous groups of judges. Thus quality of the decisions making could actively improve. For example in Radmacher v Granatino Justices were asked to determine how much weight should be granted to a pre-nuptial agreement in divorce proceedings. Pre-nuptialsare generally condemned in feminists thinking because they are discriminatory against women. The court heard the case as a panel of nine. It reached its decision to accord weight to the pre-nuptial agreement by a majority of eight to one. In the majority were the eight male Justices; in the minority was …show more content…

After the passage of the Act there is a lack of agreement regarding the role of judges and their relationship with other organs of government. Both factors are very crucial to determine how much and what kind of judicial independence is required. As common in other constitutional and legislative provisions, the CRA provides no definition of the judicial independence. Section 1 , which seeks to protect judges from the political interference or any other kind of interference in decision making, implies that this protection attaches primarily to the judge hearing a

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563 Words | 3 Pages

In the past, certain principles of the Supreme Court in accordance with the Fourth Amendment changed with each Chief Justice. Between the years 1953 and 2005, there had been three of them, each modifying the main focus and making exceptions to searches and seizures by police. Their names were Chief Justice Earl Warren, Warren E. Burger, and William H Rehnquist. With each alternation of each of them came the names referring to the Supreme Court for those time periods. First, the Warren Court, focused on bringing attention to the exclusionary rule in order to protect citizens from being charged with ilegally-obtained evidence.

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462 Words | 2 Pages

When people think of a good judge they typically think of somebody who is fair, not bias and has some sort of experience. However, in today’s society, particularly in the United States, our judicial selection methods are not made to select judges on their ability to reason well and rule impartially (Carter and Burke, 6). On top of that, judges have no actual training before they become part of the judiciary. The only training they receive is in school when they are studying the law. Sometimes when they pursue an apprenticeship with a judge they also get a little bit more experience or insight into a judge’s job.

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726 Words | 3 Pages

Court System Controversy Although there is a standard for courtrooms and how they should function it is, nevertheless, unrealistic and unable to be upheld due to bias, prejudice- either conscious or subconscious, and stereotyping. Initially, bias is using personal experiences to hold strong emotions toward a variety of groups of people. Bias can affect the court system in countless ways.

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547 Words | 3 Pages

as easy as black and white” (Lee 271). Today this is quite a simple saying, it normally has only one meaning, meaning the situation being talked about is simple and easy to understand. Racism, thankfully, is not prevalent in courts nowadays. “One more thing, gentlemen, before I quit. Thomas Jefferson once said that all men are created equal… i'm no idealist to firmly believe in the integrity of our courts…”

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280 Words | 2 Pages

Diversity and ethics all projects that are created in the media industry, sometimes so much so that it is the sole factor considered in order to maximize profit. This happens because projects that have a specific target audience are easier to make estimates of the projected profit. A target audience is the group of people who are expected to be involved with the product being worked on. When you can plan for certain people to be interested in your project, other companies are more likely to invest in it. The area or country something is created greatly influences the way something is created or the outcome.

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429 Words | 2 Pages

Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.

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877 Words | 4 Pages

I really hated it when my parents pulled the “when I was your age…” trick to get me to do whatever they wanted. I would roll my eyes for a bit, but in the end, I would obey them nevertheless. I never really understood the hardships they went through growing up in the rural side of Vietnam. However, after visiting Vietnam, the numerous struggles my parents endured became evident.

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262 Words | 2 Pages

Equal justice in the judicial branch is a very controversial topic because it often is made exceptions. There is one specific case that continues to challenge the idea of Equal justice under the law to this day. Fifteen year old William murdered his brother-in-law with the help of three adults. William and the three other adults were sentenced to death, but the eighth amendment saved William. I think the Supreme Court’s decision is not consistent because they often make exceptions that alter important decisions.

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1267 Words | 6 Pages

(Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.

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801 Words | 4 Pages

However, in balancing those flaws with their benefits, America’s judge selection process is satisfactory. Having a mixed system helps to aid in checks and balances between the government and the voting power of the

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713 Words | 3 Pages

By adapting the role of the Lord Chancellor, the judicial arm could be separated from the legislature arm. This gave the courts their own separate power. The regulations put in place by the Constitutional Reform Act 2005 in regards to the appointment of judges furthered this separation of the three arms of the state and further increased the power given to the courts. However, although these changes

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917 Words | 4 Pages

According to the U.S. Bureau of Justice Statistics, departments that serve less than 2,500 people are 84.4% white and departments that serve millions are 53.4% white (as cited in Fifield, 2016). Notably, Over the years, a lack of diversity within law enforcement has become a pertinent issue. Notably, the underrepresentation of minorities within law enforcement influences the relationship between communities and law enforcement by engendering distrust with law enforcement. To say nothing of, underrepresentation of minorities have had many people question whether departments mirror a diverse community. Nevertheless, with that being said, underrepresentation of minorities have generated tension and distrust between communities and law enforcement and many believe that police department need to mirror the race composition within their cities.

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1027 Words | 5 Pages

In today’s era managers are challenged daily with disputes like ethics, diversity, working in teams, privacy, sexual harassment, and handling differences. Furthermore, these issues are discussed because they are constantly the debatable topics in the workplace. More importantly, handling differences and diversity is the current situations in the workplace. Moreover, a few managerial concepts must be considered, including selection methods, training and development, performance appraisal, and diversity management.

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1732 Words | 7 Pages

Introduction Since 1996, Royal Dutch Shell (Shell) had been promoting the diversity and inclusion (D&I) initiatives, which aimed to increase the variety of compositions and values the differences such as, age, sex, gender, race, nationality, and education (Sucher & Corsi, 2012, p. 5). Yet, Voser’s, the new Chief Executive Officer, Top Management Team (TMT), was dominated by middle-age American and European men from 2008 to 2009. Because diversity could have both positive and negative impacts on the company (Webber and Donahue, 2001) and the nature of industry as well as the contextual circumstances could both support or hinder various diversity characteristics (Cannella et al., 2008), the implications regarding the short run situations and

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1189 Words | 5 Pages

The making of a decision is always composed of opinions, beliefs, and past results. Analyzing a particular decision and its effect on individuals or groups is simple to evaluate. However, understanding the premise, process, and thought needed to compile these conclusions is far more complex. Such is the case with Judges and their forms of judicial behavior that lead them into forming conclusions. Political and legal theorist have tormented themselves trying to figure out how judges really behave.

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