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This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal.
Author : John Hogarth Publisher : University of Toronto Press Page : 448 pages File Size : 52,9 Mb Release : 1971-12-15 Category : Law ISBN : 9781487590161
Sentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.
The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 45,6 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Sentencing by New South Wales. Law Reform Commission Pdf
This Report details the over-representation of Aboriginal people in the criminal justice system. The rate of recidivism for Aboriginal offenders is a matter of serious concern. Aboriginal people are also dying in custody in increasing numbers. There have been 147 Indigenous deaths in custody since the Royal Commission into Aboriginal Deaths in Custody, compared with 99 deaths in the previous decade. The Report considers whether legislation should contain special principles which would apply to the sentencing of Aboriginal offenders. It concludes that the existing common law principles of sentencing are sufficiently flexible to take account of the circumstances of Aboriginal offenders. The Commission's terms of reference specifically asked the Commission to consider whether there should be legislative endorsement.
Author : Harold R. Johnson Publisher : McClelland & Stewart Page : 149 pages File Size : 51,8 Mb Release : 2019-09-24 Category : History ISBN : 9780771048739
An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. "The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout 'Enough is enough.' This book is my act of taking responsibility for what I did, for my actions and inactions." --Harold R. Johnson In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.
**The Instant NEW YORK TIMES Bestseller** New York Times bestselling author Joseph Finder returns with an explosive new thriller about a female judge and the one personal misstep that could lead to her—and her family's—downfall. It was nothing more than a one-night stand. Juliana Brody, a judge in the Superior Court of Massachusetts, is rumored to be in consideration for the federal circuit, maybe someday the highest court in the land. At a conference in a Chicago hotel, she meets a gentle, vulnerable man and has an unforgettable night with him—something she’d never done before. They part with an explicit understanding that this must never happen again. But back home in Boston, Juliana realizes that this was no random encounter. The man from Chicago proves to have an integral role in a case she's presiding over--a sex-discrimination case that's received national attention. Juliana discovers that she's been entrapped, her night of infidelity captured on video. Strings are being pulled in high places, a terrifying unfolding conspiracy that will turn her life upside down. But soon it becomes clear that personal humiliation, even the possible destruction of her career, are the least of her concerns, as her own life and the lives of her family are put in mortal jeopardy. In the end, turning the tables on her adversaries will require her to be as ruthless as they are.
Author : Kate Stith,José A. Cabranes Publisher : University of Chicago Press Page : 302 pages File Size : 42,9 Mb Release : 1998-10 Category : Law ISBN : 0226774864
Fear of Judging by Kate Stith,José A. Cabranes Pdf
For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.
Author : James M. Markham,Shea Riggsbee Denning Publisher : Unc School of Government Page : 0 pages File Size : 54,5 Mb Release : 2018-11 Category : Criminal law ISBN : 1560119357
North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids 2018 by James M. Markham,Shea Riggsbee Denning Pdf
This book is a step-by-step guide to the sentencing of felonies, misdemeanors, and impaired driving in North Carolina. It includes the felony and misdemeanor sentencing grids that apply under Structured Sentencing and a table showing the different sentencing levels for DWI. The book also includes materials on diversion programs (deferred prosecution and conditional discharge), probation supervision, fines and fees, and sex offender registration.