Please enable JavaScript.
Coggle requires JavaScript to display documents.
The Judiciary & Criminal Justice System - Coggle Diagram
The Judiciary & Criminal Justice System
Separation of Powers
By Montesquieu (A French political philosopher)
He says if a single person can legislate and execute power, then it will become tyrannical, as they can manipulate the law at their will.
Power should be checked on by power
His book is known as the spirit of law in 1748
This is known as the power Balance between the 3 branches which make up the power of law
Parliament; House of Lords/Common, Power to Make Law
Judiciary; Power to Judge the Law
Takes the law, and examines the case and conseqence for breaking said law
Executive Government; Prime Minister, Ministers, Power to enact law
Judicial Independence in England and Wales
Full time Judges can't join Parliament, but before they could
Separation have been more concrete
Superior Judges, (High Court and Above)
Can't be dismissed by the executives, is done internally by judiciary
Inter-relation
Home Office; Dealing with Issues internally
Goals is for Crime Prevention, Reduction and recently counter-terrorism
Closely works with other divisions of the law
Ministry of Justice; Courts and how to deal with Justice
The are basically the accountants for the government/law
Deals with Court budgets
Deals with Prisons
Probation Services, placing condditions on Prisoners
Attendance Centers
The Judiciary- Function, Purpose & Responsibilities
Provide Balance with the other 2 parts of the government
They have the freedom to interpret the law
Running the courts (around 500)
The system is very Hierarchical with
Head of the Judiciary; Called Lord Chief Justice
Represents views of Judiciary; If there is a excessive amount of cases or an issue
Oversees the courts activity
Oversees the training of judges to be prepared for their roles
Constitutional Reform Act 2005
Before this there was no Supreme Court
Abolished appellate(removes them from dealing with an application, Law Word) jurisdiction of House of Lord
Modified office for Lord Chancellor
Independence of Judges (To reduce pressure from the other 2 factions)
Independent consolidated salaries/funds
But not completely independent as the executives can change their pension
They gain immunity from being sued for their juridical decisions
Security of Tenure
Once they gain the position, they are protected e.g. High courts are protected from Parliament or Executives
Can be removed but it's not easy
Senior Courts act (1981) allows for older higher court judges from being released from their position slowly due to old age
Lord Chancellor can fire circuit judges(Those in lower courts), due to misbehavior, incapacity or unable to do their job properly
Selection of Judges
Judicial Appointment Commission; a committee of 15 members to select good judges
These Judges are selceted solely on merit
Like other Jobs, you apply and go through stressful interviews
For Some Reason includes roleplay
Some are fired
What you have done in society also affects your chances
R V Judicial Appointment Commission(2014)
Judge applicant was amazing but he had 7 penalty point on his diving license and was therefore not accepted
Qualities of Judges
Integrity
Independence of Mind
Intellectual Capacity
Sound Judgement
Ability to understand and deal fairly
Authority and communication skills
Efficiency
Criticism of Juridical System
Political bias
Might be due to background
Supreme Court is Mostly White, Male and Elderly
Females and colored people have now been able to uphold judge positions and more roles within law including the Supreme court these days
Retirement age, now is 70
A good Judicial System (According to Exeter Law school
Transpacency
Fairness
Accountability
Rule of Law
Strength and Weakness
Strength
Trusted by Most
Law and Order
Stood Test of time
Slowly, but at least adapts and changes
Weakness
Expensive
It's slow to adapt
Serves the elite
Distrust of Minorities