Papers > Miscellaneous > Judges when deciding cases may be influenced by policy consideration and their own view as to
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Judges when deciding cases may be influenced by policy consideration and their own view as to
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“Judges, when deciding cases…may be influenced by policy consideration and their own view as to what would be the best policy for the law to adopt”
According to ‘Criminal Law’ , “the criminal law is still largely common law, that is judge made law. ... In theory judges do not “make” law, only interpret and apply principles previously laid down in statutes and in precedent. ...
Are judges influenced in their decision making? However easy it would be to believe this to be the case, this question is too broad and rhetorical to even consider, however what should be investigated is, by what judges are influenced in their decisions and to what extent this influence has over court proceedings. ... The drafting of Green Papers into White Papers by the government shows how public consideration is taken into effect when producing legislation. ... Simplistically, once a decision has been made in the higher courts of the country, by the principle of stare decisis , it is eligible to be binding as precedent in later cases upon lower courts. ... Higher court judges can over rule a decision laid down in a previous case. ... The main device however in the pathway to avoiding precedent is to distinguish between the two cases. This is used considerably more frequent than both reversing and over ruling and is used by judges when they are not willing to follow a specified precedent for whatever reason.
Two cases worthy of noting at this point would be those of Hartley vs. ... Both of these cases involved the abandonment of a ship by a number of its crew. ... However, upon return, “largely on the grounds of public policy…the action to enforce this promise failed”. ... Balfour
It has already been noted that judges are overall bound by the judgements of higher judges. It can also be seen that judges are also bound by statements made out of court by one Lord Woolf, Lord Chief Justice. In a recent lecture given by Lord Woolf, he warned over overcrowding in prisons and requested that this be borne in mind by judges during sentencing. Thus, “a paedophile who inflicted horrific injuries on a girl of four, was jailed for just two and a half years… after a judge said he was following guidance from the Lord Chief Justice on prison overcrowding”
It was later admitted by Judge Paul Clark that his own inclination had been to sentence for a higher term.
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Paper Information
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Title: Judges when deciding cases may be influenced by policy consideration and their own view as to
Words: 1992
Rating: None
Pages: 8
submitted by: rhysdt
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