Sentences with phrase «judicial bias in»

But, as a practical matter, in many places there is a judicial bias in favor of keeping kids with their moms.

I thought that the judge's tendency to bolster the prosecution's case with such arguments smacked of judicial bias in favor of the prosecution.

In his biting dissent Justice Antonin Scalia charged that Justice Stevens» unusual approach was a result of judicial bias in favor of abortion.

Not exact matches

The problem is, however, that this standard is extremely vague and indeterminate, based on projective speculation about which parent might in future be the «better» parent, and thus subject to judicial bias and error.

«I have also petitioned the National Judicial Council, NJC over the conduct of the trial judge, Who doubles as the, Chief Judge of the state for her obvious bias against me stemming from her utterances in the open court.

«The legitimacy of our judicial system depends upon the public being confident that we have a bench that is representative of our diverse population and applies the law without bias,» they wrote in the letter dated today.

Arguing that the judge's Twitter activity isn't a proper subject for judicial notice, the government claimed that even if the feed in question is the judge's Twitter feed, his tweeting the headline to an article about a ruling he already made «would not show bias or even an appearance of partiality.»

Douglas has had successes in the Court of appeal including Matthews v Metal Improvement Company, Vicar of Spalding v Chubb Fire and was the only successful appellant in the Timmins v Gormley group of judicial bias cases.

Consequently, for a judge not to allow defense voir dire / cross examination questioning of a prosecution witness before a damning exhibit is allowed into evidence, presents not only a Due Process issue but also a possible perception of pro-prosecutorial bias of the judge, whether or not that bias exists, at least in the eyes of laypeople watching the trial, when a critical element of a sufficiently functioning judicial system is for the public to perceive judges as following their oaths of office.

Though the study suggests that jurors, or perhaps even judicial bias, accounts for the lesser success of non-English-speaking Hispanic plaintiffs at trial, in my view, other factors may explain the disparity.

The «reasonable apprehension of bias» test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in... [more]

In her testimony to the Special Committee, Justice Roggensack noted that judicial bias can not be presumed solely from a lawful campaign contribution, lawful independent expenditure, or even from a gubernatorial appointment.

Judicial bias — shown in things like failing to read pro se filings, barring pro se litigants from conducting voir dire, and other antics — leaves much room for reform in federal and state courts.

(1) the inability to set rates of compensation «would unduly weaken the courts» appointment power and ability to name an amicus of their choosing» (para 123); (2) «the integrity of the judicial process would be imperilled» and should not be dependent upon the Crown (para 124); and (3) «the Attorney General's unilateral control over the remuneration of amici curiae might create an appearance of bias and place amici themselves in an unavoidable conflict of interest» (para 125).

In his complaint to the Canadian Judicial Council, Slansky accused the judge of being biased, rude, abusive, and bullying.

So do any factors other than brains and biases (as in political biases) come into play when nominating a judicial appointment?

It is «The Troubling New Science of Legal Persuasion: Heuristics and Biases in Judicial Decision Making», published in the April 2013 edition of The Advocates» Quarterly (and accessible through HeinOnline).

There are no rules about in - house research, and Larsen is troubled by the risks: «the possibility of mistake, unfairness to the parties, and judicial enshrinement of biased data which can now be quickly posted to the world by anyone without cost.»

Philip Rosen believes that this practice reflects a prosecutorial bias on the part of the Department of Justice, resulting in a «deference to judicial determinations of guilt and an insufficiently rigorous questioning of the foundations of criminal convictions.»

In the Judicial Review decision, the Court made a number of strong findings against the Faculty, including that it had acted in a biased and «grossly unfair» manner toward the plaintifIn the Judicial Review decision, the Court made a number of strong findings against the Faculty, including that it had acted in a biased and «grossly unfair» manner toward the plaintifin a biased and «grossly unfair» manner toward the plaintiff.

Trouble was, Benjamin had received $ 3 million in campaign contributions from Massey, raising questions of judicial bias.

Key chapters and sections cover: • Decision - making, including personal interests, bias and determination, equality and discrimination and elections • The process for making and handling complaints on conduct issues • The challenging of authorities on conduct issues including through judicial review, the Ombudsman and by using Freedom of Information • Offences • The law in Wales

The Ninth Circuit directed the lower court to consider whether the case was tainted by judicial bias, or whether the defendant received a fair trial in a fair tribunal.

Sad admission of disgracefully biased court procedures in our much praised UK judicial system

To illustrate the problem with accusing judges of bias, given the term's various meanings, the article focuses on recent federal litigation over NYC police stop - and - frisk policy in which (1) the district judge found «implicit bias» in police practices based on accumulated evidence and expert analysis, (2) the Second Circuit found that the district judge engaged in disqualifying judicial bias because of her comments in a prior related lawsuit and in the media, and (3) critics accused the Second Circuit of bias in making decisions that were hard to justify on either procedural or substantive grounds.

Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.

to develop and maintain social and cultural awareness in order to preserve and enhance the judicial system's fairness, integrity and impartiality by eliminating bias and prejudice; and

The former employee relied on the following grounds in his judicial review: bias of the adjudicator; fairness of the hearing; appropriateness of deciding the matter solely on the basis of abuse of process, and; whether the matter of genuineness of the emails was properly determined.

Indeed, in this effective Slate commentary focused upon the judicial bias issues raised by the case, Emily Bazelon concludes with this sober assessment:

(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, and shall not permit court staff, court officials, or others subject to the judge's direction and control to do so.

Nobody expected the controversy to result in calls for the resignation of McLachlin, with critics citing bias and judicial activism.

New York City commercial litigation associate Danielle McLaughlin provides commentary in this article about the Supreme Court's recent ruling requiring judicial bias and recusal.

If a judicial candidate, before becoming judge, actively campaigns on partisan issues in violation of the Judicial Conduct Code, and if a candidate for judicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary willjudicial candidate, before becoming judge, actively campaigns on partisan issues in violation of the Judicial Conduct Code, and if a candidate for judicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary willJudicial Conduct Code, and if a candidate for judicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary willjudicial office pledges to be biased in favor of the prosecution by promising to be «tough on crime», then the respect for the judiciary will suffer.

The new Courts Law essay is from Suja Thomas (Illinois), reviewing Andrew J. Wistrich and Jeffrey J. Rachlinski, Implicit Bias in Judicial Decision Making: How It Affects Judgment and What Judges Can Do About It, a forthcoming book chapter in a volume exploring implicit bias in the judicialJudicial Decision Making: How It Affects Judgment and What Judges Can Do About It, a forthcoming book chapter in a volume exploring implicit bias in the judicialjudicial system.

Judicial bias cases are common in Canada, with the Supreme Court's latest ruling on the subject released in 2015.

(1) the inability to set rates of compensation would unduly weaken the court's appointment power and ability to name the amicus of its choice (para. 123); (2) the integrity of the judicial process would be imperilled and should not be dependent upon the Crown (para. 124); and (3) unilateral control by the Attorney General over remuneration might create an apprehension of bias and place an amicus in a conflict of interest (para. 125).

Unfortunately, as Louise Arbour has pointed out, 283 there remains a prevailing domestic judicial bias against applying the Charter to require governments to act in response to human rights crises of this sort.

For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance of international human rights law, including concerns and recommendations from the CESCR, to section 7 of the Charter.284 The BC Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court of Appeal was insistent on framing its decision as a negative «restraint» on government, rather than as a positive obligation.

Rix LJ cited with approval a passage in De Smith's Judicial Review (6th edition, 2007, at paras 10 - 065ff) and headed: Policy and Bias, which noted that decision - makers are entitled «to exhibit certain kinds of bias in the exercise of their judgment or discretion on matters of public policy» and while ordinary members of legislative bodies are «entitled, and sometimes expected, to show political bias» they of course ought not to show personal bias or participate in decisions on a matter in which they have a private pecuniary or proprietary interest.

My expectation was that the data would support a commonly held view that qualified women lawyers are being overlooked in the judicial appointment process and that the gender disparities we see in appointments is the result of discrimination or bias in that process (see, for example this op ed piece from June 2014.)

On the core issue of bias Rix LJ similarly took the view that there was «no escaping the fact that a decision - maker in the planning context is not acting in a judicial or quasi-judicial role but in a situation of democratic accountability».

2013 Craig Jones, «The Troubling New Science of Legal Persuasion: Heuristics and Biases in Judicial Decision Making» (2013) 41 Adv. Q. 48.

Judicial disqualification is warranted if the judge is actually biased or prejudiced or if the judge, based on objective and reasonable perceptions, has either a serious risk of actual bias impacting the due process rights of a party or has failed to adhere to the appearance of impropriety standard set forth in Canon 2 of the Michigan Code of Judicial Conduct.

Andrea L. Miller, Expertise Fails to Attenuate Gendered Biases in Judicial Decision - Making.

Throughout the last twelve and a half months I have been relentlessly battling an unfair and biased judicial system in an attempt to have some contact with my three beautiful children following separation from my children's mother.