Police, Lawyers, and Judges

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In an adversarial system common law , as in effect in the U. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system civil law , as in effect in continental Europe, there is no jury and the main factfinder is the judge, who will do the presiding, judging and sentencing on his own.

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As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi "The judge is the mouth of the law". Furthermore, in some system even investigation may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in a panel. In some civil law systems, this panel may include lay judges. Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed.

Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate , is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U. Furthermore, significant professional experience is often required; for example, in the U.

Judges are often appointed by the head of state. Impartiality is often considered important for rule of law.

Judiciary - Wikipedia

Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct doesn't please the political leadership.

Judges must be able to research and process extensive lengths of documents and other case material, understand complex cases and possess a thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity.

Professional judges often enjoy a high salary, in the U. A variety of traditions have become associated with the rank or occupation. Gavels a ceremonial hammer are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes often in black or red and sit on an elevated platform during trials known as the bench.

American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom.

However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as the Maryland Court of Appeals wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs.

The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries.

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A short wig resembling but not identical to a barrister 's wig a Bench Wig would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe red, green white , while the attorneys wear the black gown.

In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside. Judges of Hong Kong retain many of the English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour. Masters of the High Court are addressed as Master. Fat Goon Hong Kong Cantonese: As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court. If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in the regional language concerned.

Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. In Israel, the judges Hebrew: Judges of the superior courts are addressed as Yang Arif lit. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or the Urdu equivalent Janab or Judge Sahab.

In Bulgaria before during the communist regime, judges were addressed as drugarju Bulgarian: There is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals.

Why the US needs black lawyers even more than it needs black police

Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. They are assisted by notaries notaari , assessors asessori and referendaries viskaali who may sometimes even chair sessions. In appeals courts hovioikeus an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti.

In the Supreme Court, judges are titled oikeusneuvos and the court is led by a presidentti. Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge. Before , they were addressed as My Lord A thiarna. In Russia, Vasha Chest Russian: Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady.

Only experienced barristers or solicitors are usually appointed as judges. When a Justice of the High Court who is not present is being referred to they are described as "Mr. Masters of the High Court are addressed as "Master". Circuit Judges and Recorders are addressed as "Your Honour". Lay magistrates are sometimes still addressed as " Your Worship " in much of England, although in northern England " Your Honour " is more usually used by advocates before the court. The judicial system of Northern Ireland is very similar to that of England and Wales, and superior court judges are addressed the same way as those in England and Wales.

However, there are a few differences at the lower levels. A district judge sitting in the County Court is addressed as "Your Honour".

Major participants in the justice system:

A Lay Magistrate, in cases where they are present, is also addressed as "Your Worship", and may use the post nominals "LM", e. In general, Canadian judges may be addressed directly, depending on the province, as "My Lord", "My Lady", "Your Honour" or "Justice" and are formally referred to in the third person as "The Honourable Mr. Judges in some superior courts are addressed as "My Lord" or "My Lady".

Both the titles "judge" and "justice" are translated juge. Generally, it is only appropriate to use the term "judge" when speaking of an anonymous or general position, such as "the trial judge," or when referring to a member of an inferior or provincial court such as the Ontario Court of Justice. The exception is Citizenship Judges who are referred to only as "Judge 'Surname.

Like other members of the Commonwealth, a justice of the peace is addressed as "Your Worship," and a Master of a Superior Court is both addressed and referred to as "Master. In many states throughout the United States , a judge is addressed as "Your Honor" or "Judge" when presiding over the court. Notably, the Superior Court of Los Angeles County , the largest unified trial court in the United States, has a rule that the judge shall be addressed only as "Your Honor" while in court, and never as "Judge," "Judge name ," "ma'am," or "sir.

The judges of the Supreme Court of the United States , and the judges of the supreme courts of several US states and other countries are called "justices". Chief Justice" but also may be identified and addressed as "Chief Justice name ".

White prosecutorial restraint does not extend to black defendants

He or she does this by presenting evidence and asking the witness questions about what they saw or heard or what happened to them. You will get to see the statement you have provided to the police before you are asked questions in the courtroom. The Crown Court is usually open to the public.

People may sit quietly and listen at the back of the court. The Witness Service operates in every court and is run by the independent charity Victim Support. It provides support for both prosecution witnesses and defence witnesses attending court. They cannot talk about why you have been asked to be a witness, but they will be a friendly face to welcome you.

They offer a comfortable environment for witnesses to sit and read their statements before they are asked to give their evidence. On arrival at court please ask for the witness service room. The most serious cases are heard at the Crown Court. The Judge The Judge wears a traditional white wig and gown. The Clerk The clerk sits at the front of the court and takes care of all the papers that are needed during the trial. The Jury The jury is made up of twelve normal people who know nothing about the trial before they come to court.

The Defendant The defendant is the person who has been accused of breaking the law. The Witness The witness answers questions from a place in the courtroom called the witness box. The Usher The usher wears a black robe. The Prosecution Lawyer The prosecution lawyer tries to show the defendant has broken the law. The Note Taker This is someone who types out what everyone says. The Witness Service Room This is situated within the courthouse and is separate to the courtroom itself.

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