Indeed, in this effective Slate commentary focused upon
the judicial bias issues raised by the case, Emily Bazelon concludes with this sober assessment:
Not exact matches
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.
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
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.
Shortly before the consultation date on November 28, 2013, I was advised that the College had received a letter suggesting that an application for
judicial review would be made of a ratio review panel decision that I had chaired (which had
issued over 6 months ago), on the basis of «a reasonable apprehension of
bias».
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 will
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 will
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 will
judicial 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.
One Canadian case did not actually address the
issue of
judicial bias, but the circumstances are worth discussing.
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».