2013/01/28

Courtroom As A Social System

NameUniversityCourseTutorDate : 3rd July 2008Courtroom as a social systemSubjective reality is a phenomenon in which instead of seeing things as they really be one sees them according to how he thinks then decisions based on such observations tend to be influenced by past experiences and mischief . This phenomenon is quite rampant in the legal system as all the parties involved fall prey to it as they argon all just human . The primordial way through with(predicate) which indispensable reality and its effects can be avoided is through maintaining an objective perspective and approach to whatsoever aspect in the entire discriminatory system . To come up with a solution one must consider the key objectives of the judicial system which are independence , impartiality and indifference in executing nicetyThere are three ways in which the arbitrator system can ensure it pick ats subjective reality in courtrooms . First , promoting objectiveness in the prosecution , secondly promoting objectiveness in the police and the investigative field and lastly promoting objectivity in the judiciary that , is the judge and magistratesThe best method to minimize the effects of subjective justice in the courts would be displace up measures to ensure objectivity in the manner in which the judges conduct the entire court exploit (Gallas , 1971 This testament include putting in place the following key measures first all decisions clutched must be rationalizeed to the parties involved . This give give chance to any party that feel that it has been hard-boiled unfairly to raise objections which leave behind then be intercommunicate reasonably in the setting of the fair playSecondly , the judge must explain righty his reason on matters of law to enable the calm of examination of credibility of his judgement by the appellate court .
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Such a move go forth go a long way in ensuring the judge does not reach a subjective decision as he will be at loss to explain his decisions in the context of the lawThirdly , the judicial system should be made to expose any defect in either the law or the process of administration of justice . This will ensure that any loopholes that may exist in the law that may allow for subjective decision making in cases are sealed and thus minimizing the risk of reaching verdicts in a manner that is not objectiveLastly the judges should be made to expose the administration of justice to existence eye . Thus , the decisions reached by the judges will be open to public scrutiny and both professionals and the public can analyze the case and any subjective reasoning or decision noted . Such bodies as law societies can then take on the task of ensuring justice is pursued and wayward judges can then be reprimandedThe role of the prosecutor in the justice system is to propose the necessary material that will ensure the correct bod justice is followed . This he does by ensuring that the relevant , concrete and permissible evidence is at the courts disposal . There is need for a thorough and objective investigative...If you want to get a full essay, order it on our website: Orderessay

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