How Compassionate? Political Appointments and District Court Judge Responses to Compassionate Release during COVID-19

2021 ◽  
Author(s):  
Victoria Finkle
2005 ◽  
Vol 22 (2) ◽  
pp. 429-454
Author(s):  
Serge Bouchard ◽  
Marie-Michèle Lavigne ◽  
Pascal Renauld

The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional


Author(s):  
Whitney Borup

Plessy vs. Ferguson is a legal decision made by the United States Supreme Court upholding the constitutionality of ‘separate but equal’ laws popular in the post-Civil War South. In June 1892 Homer Plessy, a man with one-eighth African blood, was arrested for violating Louisiana’s ‘equal but separate’ clause when he sat in a railway car designated for white passengers. Louisiana district court judge, Justice John Howard Ferguson, upheld the arrest, claiming a state had the legal power to regulate railroads operating within its borders.


2017 ◽  
Vol 28 (1) ◽  
pp. 38-46
Author(s):  
Ross D. Petty

This paper examines the life of a 19th century medical practitioner and the impact he had on both people and society. Alexander Thom had a distinguished career as a surgeon in the British Army Medical Service before retiring to become one of the founding settlers and leaders of Perth, Ontario. There his half-pay retirement, land grants from being in the military and his medical practice enabled him to become a successful businessman-mill owner, justice of the peace, local politician and eventually district court judge. Like many doctors of his or any era, his contributions to society extended beyond his medical practice.


2013 ◽  
Vol 28 (1) ◽  
pp. 143-177
Author(s):  
Donald W. Shriver ◽  
Peggy L. Shriver

A former police chief and a criminologist confirm a famous remark by Margaret Mead when they write: “The initiation of restorative reforms is often based upon the conversion of one key professional in a criminal justice agency.”New Zealand district court judge Fred W.M. McElrea personalized this rule in his account of how he stumbled on a restorative procedure in the case of a young man in Auckland, who was a Maori and son of a bishop, and who confessed to the crime of robbing a woman's purse. She happened to be a Quaker, and she appeared in court as a gesture of friendship for the offender. When the time came for sentencing, McElrea wondered out loud if there were a way for the young man to be monitored, without imprisonment, by some competent person who knew him. At that, Douglas Mansil, local Presbyterian minister, also present in the courtroom, stood and volunteered his services. Mansil had been the longtime “streetwise” pastor of a congregation in that Auckland neighborhood, known for furnishing the courts with more than a few youth offenders. Together with the Quaker victim of the crime, he kept track of the young man and reported regularly to the court. It was the beginning of McElrea's dedication to restorative justice (RJ) for young offenders in New Zealand. He and other judiciary leaders pay tribute to the influence of Howard Zehr's visit to New Zealand (NZ) in 1994 and Zehr's book, Changing Lenses, which McElrea first read during a sabbatical leave at Cambridge University. Zehr's book and his work in the U.S. had great impact on New Zealand legal officials, many of whom, like McElrea, often give him credit for inspiring shifts to RJ in their thinking about law, judicial process, and ethics.


2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Ladju Kusmawardi ◽  
Kholis Roisah

<p>The Commercial Court is a special court within the General Courts. This<br />Commercial Court has the authority to accept, examine and adjudicate the case for<br />an application for bankruptcy statements, request for a delay in the obligation to pay<br />debts (PKPU), other claims and intellectual property rights (IPR).This study aims to<br />determine the scope of duties and authority of the Commercial Court, the legal<br />standing of Creditors and Debtors after the dispute has been decided by Hakim<br />Niaga and has permanent legal force and the implementation of the execution at the<br />Commercial Court. The approach method used in this research is sociological<br />juridical with the Semarang City research area, especially the Semarang<br />Commercial Court. The research subjects included those involved in the proceedings<br />at the Semarang Commercial Court. Primary data and secondary data are obtained<br />through field surveys and literature studies.Based on the research and analysis<br />results, it is known that the scope of duties and authority of the Commercial Court is<br />to accept, examine and decide on the case for an application for bankruptcy<br />statements, postponement of the obligation to pay debts (PKPU), other claims and<br />cases included in the field of intellectual property rights (IPR).The legal standing of<br />the parties is that for the Debtor after being declared bankrupt by the Commercial<br />Court Judge, he loses the right to manage the bankrupt assets owned by him, but the<br />Debtor's civil rights as a person (personrechi) is not lost.Regarding the execution of<br />the Commercial Court that is still guided by the provisions of HI R / RBg as the<br />execution of civil cases in the District Court, this is because Law No. 4 of 1998 has<br />not been regulated separately. Especially for the execution of the forged Brand case,<br />the mark of the falsified goods / products is carried out at the Directorate General of<br />Trademark, Copy and Patent of the Ministry of Justice and Human Rights in Jakarta</p>


JURISDICTIE ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 87
Author(s):  
Nizar Abdussalam

This article aims to determine the minimum age to marry in the view of Malang District Court Judge Religion and the Faculty of Psychology UIN Maulana Malik Ibrahim Malang. Additionally, this article also aims to determine the relevance of the minimum limit of age at marriage that existed at Law No. 1 of 1974 on Marriage to apply today. This research is a field research using qualitative approach. The results of the discussion of this article shows that the Religious Court Judge Malang and Lecturer of Psychology UIN Malang agreed that the existing age limit in the Marriage Act is less suitable to be applied at this time. They would agree if the marriage age limit is raised. It aims to meet the maturity aspect of physical, psychological, and economic. So that domestic life is harmonious, eternal, and happy to be achieved. <br />Artikel ini bertujuan mengetahui batas minimal usia kawin menurut pandangan Hakim Pengadilan Agama Kabupaten Malang dan Dosen Fakultas Psikologi UIN Maulana Malik Ibrahim Malang. Selain itu, artikel ini juga bertujuan mengetahui relevansi batas minimal usia kawin yang ada pada Undang-Undang nomor 1 tahun 1974 tentang Perkawinan untuk diterapkan saat ini. Penelitian ini merupakan penelitian lapangan dengan menggunakan pendekatan kualitatif. Hasil pembahasan artikel ini menunjukkan bahwa Hakim Pengadilan Agama Kabupaten Malang dan Dosen Psikologi UIN Malang sepakat bahwa batasan usia yang ada pada UndangUndang Perkawinan kurang sesuai untuk diterapkan saat ini. Mereka lebih sepakat jika batasan usia perkawinan dinaikkan. Hal ini bertujuan untuk memenuhi aspek kematangan fisik, psikis, maupun ekonomi. Sehingga kehidupan rumah tangga yang harmonis, kekal, dan bahagia dapat tercapai.


2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernest Sengi

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences


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