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What is the need for judicial diversity
What is the need for judicial diversity
What is the need for judicial diversity
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The UK judiciary has been continually under scrutiny over the fact that it is not a true representative of the multi-cultural society in which we live in. Some have argued that there is "limited empirical evidence that diverse judges can improve the decision-making process." However, this is a viewpoint that seems irrelevant in this modern day as the number of female judges has more than doubled to 23% from 1998 to 2011. However, the number of Black Asian and minority ethnicities is still only 5.1%. Therefore, the issue of judicial diversity is still very prominent today. Another issue is the fact that the majority of the judiciary come from a public school background, this is especially true for the Supreme Court who are mainly educated …show more content…
In 2010 the Report of the Advisory Panel on Judicial Diversity, led by Baroness Neuberger, was published. This report contained 53 different recommendations in order to increase diversity in the judiciary. The fact that the executive and Parliament have been attempting to fulfil all 53 recommendations "and will work together with the Lord Chief Justice, the JAC, the Bar Council, the Law Society and the Institute of Legal Executives" shows that the problem of representation is not being ignored and that Neuberger is ensuring better opportunities for women and …show more content…
There is a societal problem as talented individuals are being discouraged to apply for work due to a concern that they may not be eligible to join the bench after working for a long time in the judiciary. It is a vital public interest that the highly experienced lawyers for the CPS and GLS are not all recruited from the private sector. These barricades need to be removed if representatives from all backgrounds of society are to have access to the judiciary. There are structural implications to the appointment of government lawyers and prosecutors which are in need of removal. Jonathan Sumption; while a member of the Judicial Appointments Commission, argued that "the blanket exclusion of CPS prosecutors from sitting as criminal recorders is too absolute and is, frankly, totally unjustifiable." He suggested that CPS lawyers could sit as part-time judges away from their areas of prosecution. This would help to increase the diversity in particular areas where there may be very little in the crown and high courts. A point brought up by Jack Straw MP portrays the problems of the judiciary and why diversity is so difficult to achieve; “somebody who is at the referral Bar and does nothing but prosecution work, ..can be a recorder in that area and sit on criminal cases and someone who is a senior prosecutor…who does nothing but prosecution work and at the moment cannot”. This
In conclusion, "To strive for justice, one must be a person of principles. There is no single principle that one can use to achieve justice in the resolution of legal disputes." This is true because one must use a wide array of principles that come from moral and legal perspectives in order to gain a resolution. Unfortunately society has deemed it necessary to incorporate social stratification into some of these principles. The law tends to have more leniencies to those who have higher positions in society. With as many classes as our society today, it is impossible to find a jury of peers. Each person has their own idea of cultural norms, legal and moral principles, and a socio-class in which they belong to. Therefore, I contend that social stratification, whether it is between races, or economical levels, will always have some role in legal decisions.
In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
Addressing the cause of these disparities from the grass roots is very crucial. Strategies are needed to tackle the challenge and to combat unjustified disparity, at every level. phase of the criminal justice system, and to do so in a harmonized manner. Without a systematic approach to the issue, gains in one range may be offset by the setback in another. Every decision idea and constituent of the system requires exceptional approaches.
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
Ragers, Simon. / The Guardian (2012) White and Male: diversity and the judiciary. Available from: //www. Theguardian.com/news/databblog/2012/mar/28/judges-ethnic-sex-diversity-judiciary.
Diversity is a composite of racial, gender, ethnic, nation origin, cultural, attitudinal, social-economic, and personal differences. With the many legal implications and issues surrounding every aspect of the Human Resource function, the human Resource department must be prepared to resolve issues in a timely and cost efficient manner. With the saturation of laws surrounding personnel, nearly every decision made by the Human Resource Department has the potential for legal suits. Even if the Human Resource department has done everything that is required of them, it can still be costly to defend it. That is why supervisors, managers and workers must be trained on managing diversity in the workplace.
Torres-Spelliscy et al. (2010) encouraged diversity in the American court system and provided ten practices to attract the brightest female and minority candidates for the judiciary, and they are as follows: (1) grapple fully with implicit bias; (2) increase strategic recruitment; (3) be clear about the role of diversity in the nominating process in state statutes; (4) keep the application and interviewing process transparent; (5) train commissioners to be effective recruiters and nominators; (6) appoint a diversity compliance officer or ombudsman; (7) create diverse commissions by statute; (8) maintain high standards and quality; (9) raise judicial salaries; (10) improve record keeping (p. 3). Appointing minorities and females to the U.S. bench will increase public confidence, and it will also bring important value towards the representation of women and ethnic
Diversity management efforts are based on a voluntary commitment to accept each individual’s uniqueness and to respect and learn from individual differences. In fact, diversity management efforts require a great deal of commitment particularly since it includes more than just image based differences (Cole, Salimath). Because it includes all differences and actively works to change prejudicial attitudes and beliefs, diversity management is the perfect complement to affirmative action. Together they can create an inclusive society that is race- and gender-conscious. Being race- and gender-conscious will highlight each individual difference which will facilitate acceptance without judgment and insensitivity.
Annotated Bibliography Journals: The Journal of the American Denson, N., & Chang, M. (2009). Racial Diversity Matters: The Impact of Diversity-Related Student Engagement and Institutional Context. American Educational Research Journal, 46, 322-353. This article discusses the different forms of racial diversity contribution to students’ educational and learning experiences and the positive effects on students who adopt these diversity opportunities. The author demonstrates how the quality of higher education is substantially heightened by diversity-connected efforts.
...rs are dealt with for hundreds of years. This would allow one to assume that trial by jury, and trial by magistrate; are simply the most effective methods of dealing with offenders. Despite the negatives of using non-legally trained personnel within the legal system, there are many positives, an example of a positive is simply the random selection for jury service, this random selection effectively eliminates many discriminatory allegations such as stereotyping, racism, sexism, and others; made by a defendant (Ward, R and Akhtar, A . 2011).
The Selection, Training and Role of Magistrates in the English Legal System Lay magistrates are unqualified, part-time and unpaid profesionals who are chosen to serve in the magistrates court, yet they deal with the vast majority of cases in the legal system. They do not hear cases on their own but sit as a bench or panel of two or three other magistrates. The use of such unqualified people to judge cases is open to criticism. Magistrates sit in a magistrates court, usually in a bench of three.
The given statement suggests that the emphasis on judicial diversity is unnecessary since there is no guarantee that a diverse judiciary would arrive at a different decision than that of a conservative judiciary. This essay attempts to argue that although there is no evidence that a diverse bench would radically change the outcome of a given case, the quality of justice will be substantially enhanced by the inclusion of a range of perspectives from which are currently not represented by the English judiciary.
“We are blessed in the united kingdom by a judiciary whose integrity, dependence, professional-ism and skill that is not in question. But we take such a condition for granted at our peril. Justice is a delicate plant. It has to be ruptured, protected, cared for” Straw, Jack (July, 2007).