Juxtaposed Situation Of Judges And Effective Dismissal Of Dispute
Juxtaposed Situation Of Judges And Effective Dismissal Of Dispute:
Lady justice represents everything which should be present in the justice giving
system no matter who and where justice has been appealed. She wears a blindfold
signifying power and ready to use it when required. She also carries a scale of
justice to balance the merits and facts of the case.
Judges predominantly are experts in their fields, they diligent man and women
who have dedicated their professional lives underplaying the law for the
Before I started researching in this area of law I experienced a lot in court
rooms and case files as a law student. All of a sudden I became immediately
aware that there is so much more to it than what is available in textbooks.
Judging Is utterly human, immotive and tricky, that is and can be demonstrated
research. To briefly categorize the factors influencing judicial mind are
factors in and out of the courtroom, something that happen in trial that may
impact the decisions cognitive errors, sometimes called cognitive biased which
affects all of us when we make decisions and similarly affects judges too.
Many of us are familier with the term inadmissible evidence i.e. information
that should not be led into trial. But sometimes someone gives a kind of
statement which cannot be missed, neglected and unheard that shouldn't be said
according to the procedure established by law. But the law states that judges
should disregard such evidence or statement. It shouldn't have any impact on the
Question here arises i.e. can a judge ignore inadmissible but vital evidence?
Understanding it with an example would be relatable and easy to understand.
For example a trial was conducted on the alleged rape in nightclub. Judge panel
comprised of five judges. All the judges heard exactly the same facts except two
These two judges heard additional information. Oral testimony from the witness
about the rape complainants supposed indicated sexual history in detailed way.
The judges who heard the oral testimony know that this is inadmissible evidence
as such and the rape complainant prior sexual history has nothing to do with the
facts leading up the alleged rape.
Nevertheless, the research demonstrated that it did have an effect. In the group
of judges who did not hear this oral testimony, the conviction rate was 49%.
Among the judges who knew it was an inadmissible evidence conviction rate
dropped to 20%. Inadmissible evidence seems to have an effect even though they
knew by law they were to disregard it.
Judges really have a difficult task to do, both in terms of quality and quantity
of cases they have to deal with and quality judgment pronouncement which
satisfies public at large. Also in terms of sheer intellectual vigour that is
demanded of them.
The aim of other researchers out there is to refine this research to improve
these effects more and curbing out the drawbacks in judicial decision making.
A lot of really productive work being done all around the globe. There are
encouraging sciences for judges that are starting to get on board with the help
of prominent legal dignitories.
In many developed countries, judges are starting to participate in judicial
training conferences where they witness and experience miniature versions of
these kinds of experiments. By this they become more self aware and self
effective on their own practice. In England and wales, in the judicial
appointments commission , they have started to introduce at recruitment stage
role playing exercising, qualifying tests which includes independence and
soundness of judges.
Factors influencing judges mind:
Jurists assume social and economic background of the judges especially the
family attitudes, may ne accounted subtle factors in influencing the tone and
temper of the judicial decisions making.
Further it can be pointed out that the explanation of the varients amongst the
judges must lie in their different values derived from different backgrounds
The personality of the judge plays a vital role in the process of adjudication
of a particular case and has to be taken into account as an irremovable part of
the judicial mechanism.
This argument leads to the point that judges to give the real reason which
underline the decision so no one will well question the fact that the judge is
omit to disclose the real motives and the decisions. Whether he can at a later
stage reflect in his decision accurately and the reason that underplay it rather
than what he reads In the official published pronouncement.
Human factors play a huge role in making judicial decisions because judges are
also part of the society and one of us, but responsible enough for their
decisions.they carry their share of conviction and believes like every other
All this is somewhere, personal and rational feelings affected by their own
feelings plays major role in shaping the decision.
If a person is having a particular type of psychological motive in his life,
then at becoming judge he has to deal with other opinions running in her/his
For example, in united states of America, it is often said that judges are the
middle class, middle aged and white people. Therefore their ways of thinking and
attitude are somewhat different.
In the interpretation of judicial process it has constantly assigned important
to the social and political background of the judges while explaining their
decision making behavior.
In law, as somewhere else, the infection is testing our suspicions concerning
what is conceivable and what is alluring. The far reaching, and genuinely
fruitful, presentation of remote courts all over the planet has opened the
personalities of many adjudicators, legal advisors, and policymakers who might
have shied away, quite recently, at the general concept of online hearings.
The entryway has opened, if by some stroke of good luck somewhat at this stage,
to altogether different methods of settling questions. In any case, the breezes
of traditionalism blow energetically through the legitimate world, and I am
mindful that many adjudicators and litigators are discreetly crouching and
craving—digging in until the viral tempest passes while craving after a total
re-visitation of actual courts.
The current judicial framework isn't a proof based choice that we have
intentionally picked. It is basically where we are. We can decide to be
The traditionalists ought to, notwithstanding, review the scale and
ramifications of the three difficulties that I laid out toward the
beginning—keeping up with court administration while the infection is on the
loose, adapting to the excess of cases that is gathering, and handling for the
last time the admittance to-equity issue. I don't completely accept that that
sticking to the destruction of our present framework is the solution to these
difficulties. The state of affairs might serve the affluent all around ok,
however it is disastrously difficult to reach to most of people and
Recollect too that the current framework isn't a proof based choice that we have
deliberately picked. It is just where we are. We can decide to be somewhere
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