Category: Court

Abortion has consistently been an incredibly disputable issue. There are, and will most likely consistently be a wide range of perspectives concerning the moral worthiness just as the social approach of abortion. Truth be told, before the choice made in the celebrated court instance of Roe v. Wade, abortion was ethically wrong and was comprised as a crime that could prompt a jail sentence of as long as five years. In Roe v. Wade, many agitated questions were admitted and talked about, but the final decision was the right one made. All through American history, abortion has experienced numerous legitimate stages. Until the mid-1800s, abortion was normal and lawful in the United States. However, by the mid 1900s, abortion was generally unlawful. During the 1960s, the Women’s Rights Movement incorporated the cancelation of anti-abortion laws. The 1973 Supreme Court case, Roe v. Wade, started the trading of convictions and feelings about abortion, and the experiences of contradicting sees between individuals. The effect of the choice affirmed a woman’s entitlement to pick what she needs to do with her conceptive life. However, Roe v. Wade still keeps on carrying contention to Americans’ day by day lives and assumes a significant job in the political procedure. Throughout the history of abortion, we see that woman can only have an abortion when they have a medical reason. Although all life is precious, abortion should always be the mother’s choice to have in all circumstances.

Is the Texas law forbidding abortion unlawful? This is only one of the numerous issues proposed all throughout the case. Abortion has always been a controversial topic. People who believed that abortion should be illegal are pro-life, and on the other hand people who want abortion to be legal are pro-choice. In March of 1970 Jane Roe filed a lawsuit against the State of Texas. She announced that the Texas Criminal Abortion Statues were unlawful. Jane Roe guaranteed that the Texas statue was obscure and removed her privilege of individual protection. These rights were ensured by the first, fourth, fifth, ninth and fourteenth amendments similarly as Jane Roe was concerned. Roe guaranteed that she was not suing for herself alone yet for all women.

Many cases went before Roe V. Wade but none as famous. To understand Roe V. Wade we first have to look back. Poe V. Ullman (1961), Griswold V. Connecticut (1965), United States V. Vuitch (1971) and Eisenstadt V. Baird (1972). All these cases were about our rights. According to Supreme Court Justice Harry A. Blackmun-no, it is not. The choice was made that there is a privilege to abortion and women do have that right. Justice Harry Blackmun wrote the majority opinion. Justice Blackmun believed Jane Roe was violated or her basic rights of freedom such as the right to privacy. Although the right to privacy is never mentioned in the Constitution, he believes that it is implied through the 14th amendment and therefore exists in the Constitution. As he follows along the lines of right to privacy, he states that women should consult with their personal physician with any difficulties that may occur physically or psychologically. This choice at that point proposed new themes; for example, “Where does women’s right originate from? And, “What is the reason for denying this right?” As indicated by Justice Blackmun, the choice to end a pregnancy is represented in the women’s entitlement to security. In any case, he additionally fights that the state has an option to ensure potential life, and this intrigue winds up convincing at the purpose of suitability.

Until a pregnant single woman, by the anecdotal name of Jane Roe, tested the Texas criminal abortion law, the choice whether to end the pregnancy was surrendered completely over to the State. Justice Blackmun, alongside six different judges, contended that the choice to abortion should be accessible to a woman however only until a specific point during the pregnancy. In order to decide when the choice should tumble from the woman’s hands to the States, the court set out to isolate the pregnancy into three trimesters. During the first trimester, the State is not at risk to manage. The choice to abortion is along these lines left to the woman and her doctor. This is so in light of the fact that until the finish of the primary trimester, profound quality in premature births is not exactly in ordinary labor.

For the subsequent trimester, the State may just control the premature birth technique and where the strategy is controlled. Once into the third trimester, the State can deny the privilege to prematurely end altogether, however just if the wellbeing or life of the mother is embroiled. These trimesters enable the State at freedom to place increasing limitations on premature birth as the incubation protracts. The decision was decided upon the fact that no one should be violated or limited of his or her basic freedom and privacy rights. Everyone is entitled to his or her individual rights as stated in the Constitution and specifically in the Bill of Rights. The majority and dissenting opinions are a vital part of court cases as it provides an explanation why certain votes are made. William Rehnquist and Byron White wrote the dissenting opinion. These were the justices that voted against the right for women to have abortions. Justice Rehnquist believed that the 14th Amendment does not include the right to have an abortion and that the Justices that voted for women having abortion implied that it did include the right to privacy.

Even to this day, women have not reached at most extreme fairness, however the landmark Supreme Court case Roe v. Wade has helped the women’s equality movement radically make a stride the correct way. Preceding the case, women had their privileges exceptionally constrained and limited. Everybody was and still is qualified for their essential rights, however pregnant women were most certainly not. Their first, fourth, fifth, ninth, and fourteenth amendment rights were violated and were not tended to until Jane Roe affirmed in court. The choice made by the court still has an enduring effect even until the present time. The landmark Supreme Court case Roe v. Wade was a success for Jane Roe, however a success for all women as it helped break the boundary that encompassed women’s rights. Taking everything into account, the Roe v. Wade Supreme Court case accomplished more than just exclusively presenting the three trimesters, however it likewise characterized the rights for woman all over the place. A majority of the courts have concurred with the three principle aspects of the cases goals, that the woman has the privilege to security; that the privilege is outright and is unforeseen to certain confinements; and that sooner or later the states respects overwhelm concerning the woman’s prosperity. The subject of abortion will constantly stay petulant, but at this point, the Constitution ensures a woman’s entitlement to end her pregnancy in it’s beginning periods and the importance of opportunity is undeniable.

During the Nixon presidency many movements like the Hippie Movement, The Protest on Alcatraz by members of “Indians of All Tribes”, and the Women’s Rights Movement started to arise. Former President Richard Nixon was a strong supporter of the Equal Rights Amendment that would have guaranteed equality for women. Up until the 19th century abortion was legal in the United States. Problems that emerged was the use of dangerous drugs that women used to induce abortions. Despite there being regulations, these drugs were still being advertised and sold to women. In addition, the American Medical Association started calling for the criminalization of abortion in effort to eliminate doctors’ competitors.

A woman from Texas named Norma McCorvey was looking to end an unwanted pregnancy. At the time of her pregnancy, it was legal to get an abortion in Texas. The catch being that it was for the solely purpose of saving the woman’s life. Norma had previously given birth twice and gave both children up for adoption. She had grown up and was still living in difficult circumstances. Therefore, flying somewhere else to get a legal abortion was out of the question. After miserably failing to get an illegal abortion, she was referred to two Texas attorneys who were interested in challenging anti-abortion laws. They filed a lawsuit on Norma’s behalf and all other women who wanted to consider all options in case of an unexpected pregnancy against Henry Wade, district attorney of Dallas, where Norma lived. Norma’s name was then changed to “Jane Roe” in the court documents. The Texas court ruled in favor of Norma on the grounds that the ban violated a constitutional right to privacy.

The case was then appealed thus, taking it to the Supreme Court. At the same time, Noma gave birth and once again set the child up for adoption. In a 7-2 decision, the Supreme Court ruled in favor of Norma legalizing abortion nationwide. The Supreme Court backed up what the Texas court had previously ruled. A woman’s right to an abortion was protected under 14th amendment and the ban was violating that right. The court then stated that in the first trimester, the choice of ending the pregnancy was solely up the mother. In the second trimester, the government could step in and regulate abortion in order to protect the mother’s health. Lastly, in the third trimester, the state could prohibit abortion in order to protect the fetus that could potentially survive on its own outside the womb, except if the mother’s health was in danger.

The Supreme court’s decision aimed to inform the public specifically the women on their rights. Roe V. Wade promised to protect a woman’s ability to make decisions about their bodies without unwanted interference and recognized the essential importance of equality and freedom for women in this society. In addition, it served as motivation for women to not be afraid and use their voice to fight for their rights. Also, in a way it aimed to settle the issue that has been dividing conservatives and liberals. Although, it did not work because one of today’s hot topics is abortion. Forty- six years after the decision was made, the topic still has not been put to rest.

This case was a landmark decision by the U.S Supreme Court but has been under attack ever since. No other topic has caused so much controversy like abortion has. Roe V. Wade became the stepping stone to the numerous women movements there is today. Women of course were ecstatic by the court’s decision, but an opposition quickly emerged. At that time, religion was a huge thing that people took seriously. The Roman Catholic Church had long time condemned abortion as a form of infanticide. Groups like The National Right to Life Committee were created to try and reverse the decision that the court took on Roe V. Wade. Opponents used the label “pro-life” to define their cause while supporters identify themselves as “pro-choice”. Since 1973, the battle has raged, and the fate of the decision taken in the case continues to lie with the Supreme Court.

Introduction

There are many factors that affect the choices that one makes. This involves societal influences, the beliefs that families and friends strong upon, and religious worship. When it comes to abortion, this choice is solely dependent on the woman to make. There are two sides to the argument regarding abortion: pro choice and pro life. Ms. Politt, a known feminist, states, “In doing so, she not only illuminates a hiterto shadowy aspect of American life but also raises crucial questions about the relationship between official mores and the values by which people make the decisions that shape their lives.” (2019) By this, she means a woman can either choose what she believes is truly right or wrong. Yet the question still remains: what is the right or wrong thing to do in this situation?

To tackle this concurrent complication, several cases and opinions have been stated in order to make their beliefs effective. With this historical lens, one can dive deeper into the past decisions that have influenced the laws that are made today. Many arguments that have been mentioned in the Roe v. Wade case laid its foundation to what many states now follow. This case addressed the abortion altercarion with two contradicting sides in order to change the laws that affect women.

From that, it can go further into the futuristic view where it touches with what might happen in the time to come based on what has happened in the past. Based on both sides of the disagreement, considering both of the possible outcomes can entail what may be better for the women to choose. Its possible effects, in order to be the most effective and beneficial should be in a way that is acceptable for mostly everyone to choose.

The Governmental Say: Roe v. Wade

Context

A known abortion case, being the Roe v. Wade case, is significant because of its effects on abortion laws today. Similar cases and arguments have influenced current abortion laws that are upheld now. On January 22, 1973, The Supreme Court’s final decision, after Roe v. Wade, established the woman’s right to choose abortion without government restriction.

Roe’s Side. Norma McCorvey, also known as Jane Roe, was a pregnant woman that wanted an abortion, however, she was in a place that banned it. Here, abortion was only allowed if it was necessary to save the mother’s life, otherwise, it was not permitted for personal reasons. She argued against these laws, then stating that they were unconstitutional. Based on the Bill of Rights, a woman should have the right to end her pregnancy. Her side, supporting the pro-choice side to the argument, took a change, as she says, for the better.

Wade’s Side. On the other hand, Henry Wade argued that the State should have a duty to protect the unborn child and that life is already present at fertilization. Because life is considered as already present, there should be protection under the Constitution. It is to protect the safety and the health of all citizens, including the unborn.

Effects. Like previously mentioned, the court stated that by upholding the Fourteenth Amendment, which protects a right to privacy, women should have the choice to denying or accepting abortion. The case was then revisited in another post case, Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), which restructured the idea of women’s choice in teh matter.

Analysis

These controversial ideas create a non-ending loophole that only becomes based off of beliefs. This goes for the belief that life is present the moment it is conceived, versus the contradicting idea that life is present at the moment it is birthed. By having the inclusion of laws towards beliefs, it limits the woman into doing what she would like with her child.

But even so, while some may argue against the case, some side with it. Coming back to Ms. Politt, she states, “Moderate reforms had already been tried: twelve states permitted abortion in instances of rape, incest, danger to physical or mental health, or fetal defect, but since most women sough abortions for economic, social, or personal reasons, illegal abortion continued to thrive” (2019) In this way, she sides with the causes and the results of the Roe v. Wade case, showing that it was necessary at the time. It was for the best and it benefited and hurt the least.

Possible Speculations

From this, one can only move forward which brings forth the future. While there are many things that the future may hold, one can only speculate what might happen based on the past and current events. When it comes to the acts of abortion, in order to understand both sides, it is necessary to go to the extreme when explaining these situations. Pro-Choice

Basing this off of the life experience of McCorvey, there is only one outcome that comes from continuing her choice if she were to decide to choose abortion without any governmental restrictions. She wouldn’t have her child, Melissa McCorvey. She would protest her actions against the opposing view like she did with the Roe v. Wade case. She would not grasp the realization she had, that contradicted her argument in the case. She would not have converted into a Catholic that believes in saving children. She wouldn’t live the life she was currently enjoying.

Pro-Life

Elizabeth is a mother that decided to live with pro life beliefs and decided to give birth to her child. With a choice that she could have taken but decided not to, she suffers the unready hands of taking care of a child. Because she was stuck in a situation that she could not escape from the start, she cannot do anything about it. Because the laws forced her to keep the child against her own will, she is now stuck with a huge hole in her heart full of sadness. This is not her only choice though. She decides to send the child to adoption, but in doing so, all she has to hold on to her past child is the faint connection that holds them together, their blood. She says, “It’s not an easy thing to do, but it’s the easiest option . . . it makes it bearable, if you have a termination, you lose the child forever.” (Elizabeth 2010)

Analysis

Both slightly depressing situations all end horribly because of forced decisions that didn’t go upon their own destiny. In a scientific sense, it is in order to save the woman. In a religious sense, it is to keep upholding the worship they have. Each has their own outcome with their own tale. Each also comes with their own consequence and their own gift. With this being so, there is no scientifically right or wrong decision and is purely based off of morals and beliefs.

Implications

While both choices have their merits, they also have their own flaws that can be interpreted differently depending on the world views. Pro-choice for starters gives the woman a chance to back out of taking care of a child, while pro-life will allow the child to be born but can fail to consider socioeconomic situations that are inherent with raising a child. While there are other avenues to consider such as adoption, these are still bandaids to the situation and the overlying moral dilemma inherent with this problem.

Conclusion

While these problems can not be solved through one magic solution, there are things we can do to help mitigate these problems for the future. The only way to prevent these situations from happening is to allow future generations to receive adequate knowledge on the subject matter by allowing them to know both the pros and the cons of each side. From that they can make a decision based off of which alignment they gravitate towards. There are no magic solutions for the problems faced but together it can move forward slowly towards a better future.

Introduction: Overview and Summary Statements

The controversial culture war on abortion refers to the government’s recent decisions to overthrow the 1973 Roe v. Wade Supreme Court ruling. The Roe v. Wade Supreme Court Case addressed states that banned abortions because they were unconstitutional and that women should be able to request an abortion if they choose. Since the Roe v. Wade case was settled, there have been many opinions about the pros and cons of abortions, but the main debate is whether women should have the right to choose if they want to terminate their pregnancy. Advocates or “pro-choice” groups insist that it is absolutely a women’s choice to have an abortion, and everyone should be able to have the right to have a safe and legal procedure. On the contrary, critics or “pro-life” groups state that the legalization of abortion would make it acceptable and promote murder to preborn children, who in the womb, are already living and deserve basic human rights.

The Voice of the Pro Advocates

“Come on ladies, the government thinks they can control us but let’s show them that we have a right to choose”. Abortion is a “fundamental right” given to women. Women have the right to have or not to have children, including abortion as provided by the U.S. Constitution’s fourteenth amendment. The fourteen amendment protects a pregnant woman’s liberty to choose whether or not to have an abortion.

Women should always have access to safe and legal abortion procedures, no matter the situation. Planned Parenthood reported that abortion is just a form of health care, just like doctor’s appointments and necessary surgeries. But before abortion was legal, illegal abortions were very common. Women would perform abortions on themselves and hurt themselves in the process. Some would go in back alleys and use items like hangers to complete the procedure. As recently as the 1930s, it was documented that 2,700 women had died due to illegal abortions. But after Roe v. Wade was passed and abortions were obtainable nationwide, those numbers dropped significantly. But still, after abortions were legal, there were many maternal deaths caused by illegal abortions in places that are in poverty, to women in minorities, and women who don’t have access to safe abortion procedures. But if abortions are more accessible and legal these deaths can be avoided.

In the early stages of pregnancy, abortion should not be considered murder in any form. Abortion is the termination of pregnancy not of a physical living being. Research has proven that although the baby may start to develop limbs, the baby does not feel pain and is unconscious during an abortion procedure. In addition, the fetus is not counted as a person until it is able to survive outside the womb successfully, not when the baby is conceived. The U.S. Census Bureau survey is required by law, but according to census guidelines, a fetus is not counted in the survey because it is not considered a person until it is out of the womb.

Women all over the world get abortions. But many of these women are economically disadvantaged and minorities. If Roe v. Wade is overturned many of these women cannot afford to travel to other states to get a safe, legal abortion. But most importantly, these women cannot afford to have a child and raise/care for them successfully in the conditions they are currently living in. What good does it do to force a woman to have a child that she knows she cannot properly feed, educated, or even love? The child would be faced with massive hardships and that is unfair to an innocent child. It’s time to stand up and fight for abortion rights, now or never!

The Voice of the Con Critics

“What is wrong with our society today, we can’t continue to kill innocent unborn babies”. Abortion is murder. No matter what anyone says, the science of embryology supports the evidence that when a baby is conceived, those cells immediately start to form a human being. While in the womb the baby forms a DNA specific to that baby, with a mix of the mother and father’s DNA, who are human beings as well, which makes the baby a human. A person who asks for and goes through with an abortion is murdering a human and anyone who advocates abortion is saying it is okay to murder pre-born children.

In addition to that, many religions agree that abortion is murder. The 6th commandment in the Bible states “thou shalt not kill,” and if one has an abortion, it is a sin that contradicts God and his teachings. That commandment not only applies to fully grown humans but most importantly applies to innocent babies, even before they are born. The Bible teaches that even when the child is in the mother’s womb, he or she is a child of God and is most definitely a human. God states in the Bible, “You knit me in my mother’s womb… nor was my frame unknown to you when I was made in secret” (Psalm 139:13, 15). This represents God creating the child in his image and knowing that the child was human before the child has even been born.

Sadly, some families are not able to have children. They must go through many infertility treatments and it takes a toll on that family. Women that decide to have an abortion are taking an innocent life that other people wish to have so badly. Instead of choosing to abort a child, a better option could be to put the baby up for adoption. This decision can benefit a family that has been wanting a child and will most importantly, give the child what the birth mother could not provide.

Since unborn babies are human beings they should have a right to life just like the rest of us as indicated in the Declaration of Independence. Everyone has a right to life. At the point of conception, a fetus is a human being with DNA that makes them unique from everyone else, just like others on earth. The life of anyone no matter their state is tremendously important. Everyone in this world should have the same rights, and we must protect the rights of those who cannot protect themselves.

Student Analysis of the Debate and Personal Position

From the supporters’ point of view, women express that they have a fundamental right to an abortion. This claim, to me, is valid because I feel as though everyone should have a right to do what they want especially to their own bodies. In addition, supporters claim that safe abortions are necessary to prevent deaths and harm to women. I feel this argument is very strong in the sense that if abortions were banned many women could die just from trying to give themselves a makeshift procedure, just like what happened when abortions were banned before Roe v. Wade.

Supporters also argue that if a woman cannot properly care for a baby then it justifies getting an abortion. This argument makes the most sense to me since there is no point in pressuring women to have a child if their economic situation doesn’t allow her to successfully care and fulfill the baby’s needs. This is especially true for women/families who are not financially and mentally stable.

On the other hand, detractors of legalization of abortions provide convincing points, especially the point about murder. Pro-life groups claim that the baby is human at the point of conception. As such, if women were to get an abortion this would be considered murder. What makes this valid is the fact that science indicates life begins at conception, claiming it is human already, with human DNA.

Regarding murder, these people are defying God in all ways. This point is convincing because a greater being has brought us onto this earth and abortion is murder under the 6th commandment. People are killing innocent humans, who don’t even have a voice to fight for themselves, instead of thinking of other options such as adoption. Many families suffer from not being able to start a family, and those babies could be put up for adoption by those families.

After examining the arguments of both sides, I believe the supporters have a more powerful position than the critics. For me, the issue comes down to a woman’s right to choose and her safety versus the rights of an unborn baby. Although the critics’ argument that a baby is alive when conceived is valid, the advocates of abortion state that these women are similarly alive and viable meaning they have the rights that are given to you when you are born. In addition, for me, the advocates win the debate that women shouldn’t have to die to get an abortion simply because they choose to have one. I believe that safe and widespread availability will reduce maternal death rates overall and that would be a major benefit to all women. So, all things considered, I am for the legalization of abortion and a women’s right to choose.

Historical Significance

Abortion has been around for many years. Throughout history, people requested abortions all over the world. Prior to the federal government’s Roe v. Wade court case, abortions were restricted in many states. But ever since the Roe v. Wade case went through the courts; abortion restrictions were lifted and deemed unconstitutional. Today, Roe v. Wade may be overturned, and abortions will be banned in many states just like before. The debate affects all women in America today.

The court system in the United States is based on the government system. The term “federalism” is defined as “a system of government power” (ushistory.org). In the United States, government power includes the national and state government. The White House in Washington, D.C is the symbol of the national government or federal government. Each state has its own state government or local government. The United States has fifty state governments.

Some powers of the federal government are “regulating trade between the states and declaring war with other countries” (USLawEssentials, 2016). The affairs between states and with other countries belong to the responsibilities of the federal government. The president leads the national government; while the governor is the first responsible one in the state.

The power is shared between the federal government and the state ones. Medicaid is an example of a medical benefit shared between federal and state responsibilities. Tax collection also is shared to cover the expenses for the nation and the state government.

In law, the United State court system divides into the “federal and state court systems”. Federal court system includes “district courts; courts of appeals and Supreme Court.” “The district courts, or trial courts, resolve disputes by determining the facts and applying legal principles to decide who is right”. The higher level of the district courts is the Appeal Courts. Thirteen appellate courts are established from “ninety-four district court.” The federal district courts are organized into “twelve regional circuits, each circuit has a court of appeals.” “A federal court of appeals for the Federal Circuit makes up the thirteen appellate court” (United States Courts). “The highest level in the Federal Court System is the Supreme Court. This court is found under Article III of the United States Constitution” (Office of the United Staes Attorneys).

While the Federal courts are responsible for cases relating to the constitutionality of a law, the state court system takes charge of cases within the state. Each state has state law. “The Constitution and laws of each state have been the foundations of the state courts” (United States Courts). The State court systems have three levels: state trial courts (Superior Court), courts of appeals and Supreme Court (named as “court of last resort” or “highest court”) (USLawEssentials, 2016).

In short, the United States Federal and the State court systems have three different levels. The intermediate levels hear appealing cases from lower levels. The highest levels work with cases relating to the Constitution and law. The number of courts is found geographically.

Works Cited

1. United States Courts. (n.d.). Court Role and Structure. Retrieved January 24, 2020, from United States Courts: https://www.uscourts.gov/about-federal-courts/court-role-and-structureushistory.org. (n.d.). Federalism. Retrieved January 24, 2020, from American Goverment: https://www.ushistory.org/gov/3.asp
2. USLawEssentials. (2016, September 27). What are Federal and State Court Systems in the United States? Retrieved from youtube: https://www.youtube.com/watch?v=U4GU1ha2Pq8

Civil courts

Supreme Court

The supreme court is one of the highest courts in the United Kingdom has the final say on the most significant legal issues. They are the conclusive check and excess on the UK’s legislation and establishment their duty is no different to many similar bodies in other kingdoms. The restriction on what legislation says when there is a debate. These are lawsuits that increase with the court beliefs being essential facts that influence the country.

Court of Appeal

High Court – include its 3 divisions

County court

The county court doesn’t deal with the criminal case. They only deal with civil issues. They so judgement on with contract disputes, tort – duties of the case and product liability, partnerships in business, inheritances, wills, housing claims, family, and insolvency claims. They also hear personal injury claims such as you could claim if you had a contract with the builder, but they did not work well and leave the thing around, and some get injured because of that.

The most important thing is if you want to go to the county the claiming amount should to more than £10,000 and between £100,000. The advantage of this is you can apply online, but the online claim fee is 4.5% of the claim for example if you are claiming for £100,00 then your claim fee will be £4500. However, if you are not sure about how much money you want to argue, then you can apply through the paper form, but paper form fee is 5% of the claim.(‘Reference: Gov.uk’)

Small claims court

The small courts only deal with the claim under £10000. You need to careful with cases because if you lose the case, then you have to pay twice. The most significant advantage is now it is straightforward to claim because now you can apply for small claims online and you don’t have to go to the courts to claim. The online application reduces the cost of going to court. Also, they try to keep all the infor-mation as informal as much as possible. The other good thing is claimant and defendant not usually represented by the lawyer. The online application reduces the cost of going to court. The examples have attached blew:

• Compensation claims for faulty goods such as washing machine.
• The dispute between landlord and tenant.

Another advantage is having small claim are pay the fees however if you win the lawsuit then you will get you money back. By any chance, if you lose the case, then you will not get anything back. The court fees table for the small claims has attached below:

Criminal courts

Supreme court

In Britain, the highest court is the Supreme Court. It is the final court of appeal and justice in England court, and Wales and any verdict given by it cannot be contested or argued by anyone in the country.

Court of appeal

The criminal division agrees to appeal from the crown court. In the criminal division, the court included by the lord chief justice, Lord, and lady justice and generally, they also have two high court judges. However, the court of appeal on grounds by adding the evidence. They usually don’t get to see the new evidence from the case, but if they believe something else can help them to make a right the judgment. Then, they may ask for something relevant to the circumstance.

The criminal cases review the panel may bring issues to the court of appeals awareness where the statements referred to acknowledging that the decision the court made was wrong. That innocent person has been found guilty.

Crown court

The crown court deal three different types of case:

• Rap
• Murder
• Robbery

For example, scenario one from the assignment brief, the case of three boys called James, Caspar, Pete. They were involved in the situation on a Saturday night with one of the groups of football followers. Pete was carrying a knife with him, and the fight started when he took his knife out and stabbed Brain in his chest. When is all happens, Caspar runs away from there and steals a case of lager cans. James was involved in the fight, but he didn’t hurt anyone; however, he runs off only after the stabbing. Brain falls from the stab injury, and late on, he couldn’t survive, and he died. They have been arrested and charged.

In this case, before they found guilty, they all were sent to the youth court because they are only kids. Pete and James seat in the crown court because Pete stabbed Brain in the chest. Peter and James committed their crime. After that, they all sent to jail for eight years, but it does get increased for 15 years. But Caspar will stay in the youth court because he is just 16, not an adult yet.

However, the judge who interpret and uphold the law. It’s the judge decide whether if there will be a public gallery or not. Also, the crown court has a jury who decides typically whether a defendant is guilty or not. The judge advises the jury and informs them it’s their job to determine whether the information they are going to hear prove the defendant id guilty or not. He will lead the jury on the law points, to help them to take the right decision.

The magistrates deal with young criminals between the age of 10- 18 in the youth court, which has a less formal environment, also they appoint an experienced panel of magistrates. One of them must be a woman and one woman. The court sits on a goal of settlement or in a separate room. Which never has been used by the adult court. The most important what is the hearing of youth called is always confidential, and there are reporting conditions.

Similarities and differences between civil and criminal courts

Similarities: supreme courts and COA found in both hierarchies.

Similarities: the similarities of civil and criminal courts. The first similarities are the supreme court which hears both criminal and civil court appeals also, both civil and criminal cases the actions are investigated in the light of the proof and compared with the law. Moreover, both courts cases protested in a court controlled by a judicial officer. Succeeding the similarity of these courts are both court cases are opposed in a court governed over by a judicial officer. The most significant thing is the supreme court give attention to civil and criminal court appeals. Also, the request can be made from criminal and civil law. However, both courts need permission to appeal to the supreme court; they also have to pay fees to appeal the case in any judiciary. Sometimes it can take a longer time to make a judgement on some instances.

The difference between civil and criminal courts

A criminal lawyer can also adjust a fair sentence with a court or ask for an alternative charge such as medication treatment. If you are dealing with criminal charges that terrify your independence, find a criminal lawyer with experience in the type of crime for which you are accused.

The legal system can help community settle any different kinds of debates. However, it can be challenging to guide for those who are not knowledgeable with the law. For this purpose, It is usually best to hire a lawyer to lead the way to you through the procedure carrying a lawyer who can protect your interests is the best way to win your case. However, if you need any kind of guidance in civil, a criminal case which is pending from few weeks. So, a lawyer for legal advice during a hearing in court. A lawyer will let you know if you have an accurate claim and to best to move forward to achieve the outcome you request.

Another difference is the civil court has a four-appeal rout. The first appeal rout County code and high court both can appeal to the court of appeal because pretty much they both look for the same kind of cases. For example, high court queen’s branch division, family division and also chancery division. Another hand, the county court deals with partnerships house crimes family contract personal injury claims.

INTRODUCTION

Between August 20th and 23rd I observed six hours of legal procedure in Planning and Environmental Court in the Supreme and District Courts of Brisbane. Over the course of the three days I observed the court, I witnessed a range of reviews as well as two different hearings held by two different judges. Many similarities and a spattering of differences became evident especially in relation to human experience which I will focus my report on in this report along with the heavy theme of symbolism and the many ways that affects the human experience.

Exterior of the building

Upon approach of the Queen Elizabeth II Courts of Law, the building seem to tower over its immediate surrounds, although there are many tall buildings close by, including Brisbane’s second tallest skyscraper the infinity tower, standing at 249m in nearby herschel street (‘Herschel Street, Brisbane Brisbane’s Joint Tallest Building’, n.d.). The impressive nature of the building gives it a sense of authority, a sense of power, showing just how important happenings in the building are. There is little question to what the large, glass building is for with large signage and an impressive stature of Lady Justice, common at most courthouses and legal institutions around the world for her symbolism as a personification of the moral force in judicial systems (Edwards,2018).

Entry and waiting areas

Immediately through the entrance of the building, you are faced with a security clearance, including bag scans, a metal detector and multiple security personnel. This creates an impressive threshold between the building and the outside world, one that you can’t miss.

Instantly upon arrival, wayfinding through the building is very easy, there is only one entrance which flows through to the main lobby of the building, there is an obvious and large lift well in plain sight, as well as bathrooms, and an information desk for those requiring assistance.

Once one is on the levels of the courts, straight away there is a map showing the floorplan of the level, giving clarity of where to go, to increase this clarity, there are also discrete signs and oversized courtroom numbers by every courtroom entrance.

There are many seats around the large common area of the level, providing ample space and privacy for people to wait. Whilst I was visiting, this area was often changing, from completely empty to groups of people gathering in the centre, talking loudly about cases, people waiting silently in the seating provided nearby the courtrooms, to a couple of lawyers talking towards the sides of the spaces quietly.

Although the courts are designed in a way where all of the courtrooms line the exterior of the building, there are still multiple floor ceiling windows in the waiting and circulation areas of the court building, giving lots of light and impressive views of nearby Roma Street Parklands, the courtyard in front of the entrance of the building, and the buildings of the city. .

Court Rooms

The courtrooms which I witnessed in observation, were almost identical, with many of the same elements one expects from a courtroom from exposure from tv and movies which show courtrooms all over the world.

The decor of the courtroom was almost clinical in nature, with hard lines and minimal colour or soft touches. This being said, the rooms were still very light due to a full wall of windows behind the judge’s podium. There was minimal distractions within the courtrooms, with obstructed views of the city beyond the building, and a completely soundproof room, all attention was directed within the room. There was no art on any of the walls or decoration of any kind, except for the coat of arms behind the judge.

Judges

Both Judge Kefford and Judge Williamson held great power over the room. The courtroom atmosphere instantly shift as soon as the judges walk in, everyone stands to attention, and sits once court is in session, talk amongst the room (in most cases) came to a halt and respect was shown for the man or woman in charge of the room. Judge Williamson did not speak an awful lot during my time in court, but he did stop questioning at times for more clarity on certain statements made by expert witnesses and paused questionings for a break mid sentence. Judge Keffords hearing on the 23rd of August was an interesting one to witness. The lawyer started the morning off by trying to remove the judge from the case, which instantly put judge Kefford in a less happy mood, this may or may have changed the tone of the rest of the hearing as Judge Kefford became very argumentative with that Lawyer as he tried to get an appeal. That being said, the reasons that the lawyer was providing did not seem to be the most solid of reasons, it seemed as though by this stage of the hearing, process the lawyer was trying to pull a last ditch effort which was failing and the Judge was not impressed.

Barristers and lawyers

During my observations it became apparent that many of the barristers and lawyers were friends or in the least aqquantances through years of working together. Although everything was dealt with very professionally in hearings, with little chatter between opposing sides, before and during reviews there was a lot of chatting. It was difficult to analyse the constantly changing emotions of the various lawyers, there were lots of attitude changed amongst the lawyers as hearing progressed, from relaxed and easygoing before hearings, a few became much more argumentative and almost angry once hearings began. There were also lots of moments where lawyers became flustered when new things were brought into cases or when things weren’t going the way they wanted.

Expert Witnesses

Expert witnesses held a very important role in the Wilhelm -v- Logan City Council hearings, this was emphasized by the positioning of the witness stand, along the right wall, between the judge and the lawyers as can be seen in the diagram below. Cross examination provided everyone with solid information regarding the service station itself, its surrounds and other similar cases. People of various professions were called for questioning including, engineers, lighting practitioner, landscape architects and town planners. All of the witnesses were given short and easy questions at the beginning of the cross examination. The cross examination itself included lots of repetitive questions which all of the witnesses seemed to be irritated by. Most of the expert witnesses seems to be in favour for the service station, for the exception of the town planner from the 23rd of August who seemed completely impartial. [image: ]

Laymen

In Wilhelm -V- Logan City Council, on the 20th of August, due to the other co-defendants not being in this session of the court hearing, the layman, Mr Wilhelm, had to do cross examining. He seemed very put out as he was most definitely the odd one out in the courtroom as the only lay person speaking out. He stammered, a nervously flipped through his notes, asked the same questions in different ways and didn’t always seem to understand the responses from the expert witnesses. The whole situation seemed to really affect him and it definitely made the questioning take longer.

Differences between reviews and hearings

Comparing Judge Keffords hearings and reviews, The atmosphere, interactions and behaviour in the court differed dramatically. The early morning hearings seemed as though they were a warm up to everyones day, a routine which meant little more than tying up loose ends. There was lots of chatter between lawyers and barristers, the judge started late both mornings I attended and there was a noticeable lack of formality amongst everyone in the court. Reviews were short and to the point, very loud and informal gatherings and Judge Kefford was wearing normal business clothes. This all changed greatly once hearing started, Jude Kefford donned her robes, as did the lawyers. The courtroom became much less crowded and the chatter died down greatly as everyone was paying a lot of attention to the hearing.

ANALYSIS

Upon observing hearings, reviews, the court building itself and human interaction within the courts themselves showed heavy themes within the court. Class structure and power dynamics are shown through the use of symbolism within the courtroom, in turn affecting the human experience.

Paul Katsieris, a renowned Australian architect Victorian Design Review Panel stated, “A society looks to a law court, as well as other public buildings to personify the community’s state of being with respect to matters of justice. The institution is expected to uphold the law, to demonstrate a certain purity and to manifest a symbolic weight.” (Katsieris, 2011).

The symbolic representations in Australian courts can be traced back to medieval english law, which defined the foundation of the australian legal system (McDougal, 2016). Courthouses have always been designed in a way to show a superior position over the rest of the population, broadcasting the prestigious status of authority law holds in society.

Immediately after entering the building, one is reminded of the importance of the building by walking through security. Although the security is due to much needed court security, installed after courtroom crimes rattled the country in the late 700’s and early 80’s, it does remind layman and law professionals alike that they are entering an important building (McDougal, 2016).

The Supreme and district court building has emphasised openness and transparency, both in design and reflecting the principle of open justice by having floor to ceiling glass walls in every courtroom and throughout the foyers of each level (McDougall, 2016).

Within the courtroom, there are also symbolic queues. The internal layout of Australian courtrooms have not changed dramatically over the course of the years and still holds many of the symbolic elements the english courts had (Richardson, 2007). The courtroom has always been designed in a way to symbolise the sombre and formal nature of the law (Richardson, 2007).

Symbolism in the courtroom environment has been proven to negatively impact on people less familiar with the legal system (Richardson, 2007). Impacts on the ability to concentrate on as well as comprehension of the court process and evidence being heard show that laypersons can be very affected by the atmosphere (Richardson, 2007). This reaction was evident when Mr Wilhelm was left to question expert witnesses, he was obviously on edge, nervous and out of his depth, being surrounded by powerful people who were trained and had more experience in like matters.

The prestige which has maintained to be the theme within the law is also present within those who practice the law, as is the clear hierarchy within the law field and over laymen. There are two main was the courtroom itself uses symbolism to segregate the courtroom occupants, dress and location.

Starting first and foremost with the symbols relating to judges (Richardson, 2007). The judge is positioned at the front of the courtroom, on a raised platform in front of a coat of arms (Richardson, 2007). By sitting in this impressive spot, the judge is being represented as an embodiment of the monarch, the ruler of the room (Richardson, 2007). By symbolically placing the judge simultaneously both closer to the monarch, and further away from the rest of the courtroom, the judges role is given further respect as impartial moderator (Richardson, 2007).

Sitting in the middle of the room, sit respondent and defendants. Sitting further back in the room, with an uninterrupted view of the judge, on the same level as the rest of the court, the close relationship is shown at the same time as the hierarchy (Richardson, 2007).

Towards the back of the court, sit the public viewing, as well as the seats for extra lawyers who are assisting or taking notes on cases, and witnesses who aren’t sitting at the witness table, at the back, close to the door and less visible to the judge, highlights the lack of importance in the cases.

Robes and wigs (however less common in planning and environment court from what I have witnessed) further remove legal practitioners from the general public. The judges which I observed in court did not wear their wigs, however they both wore robes during hearings. It was a similar case for the barristers in my time in court, robes and wigs were not worn in the more casual reviews and were left in the trolleys they brought into the courts full of paperwork for their next cases, but once again worn for the hearings. These behavioural patterns support the notion that many judges and barristers see their formal dress as an indication of their significance, privilege, influence, responsibility and need for respect from laypersons (Richardson, 2007).

Throughout the heavy symbolism scattered everywhere in the court process and building,architectural psychology techniques have been used in the design of the Queen Elizabeth II Courts of Law, to make the courts the most comfortable they can be for the various people using them. Court procedures often heightened emotions, be it, grief, anger, fear, hope, anxiety, revenge or the like, this is why a calm and ordered environment is required in a court setting.

As was previously outlined in observation, wayfinding in the Courthouse are very straightforward with many signs, maps and open sight lines. This in turn reduces the stress of the layman (Government of Western Australia Department of Justice, 2017). There are also large windows with views of nature and familiar landscapes and access to fresh air, which also reduces stress, and has a positive influence on the demeanour of participants of the court (Government of Western Australia Department of Justice, 2017)

There is a balancing act between trying to create a relaxed atmosphere and showing power, a balancing act which seems to tip towards showing power as soon as court activities start. Although there have been obvious efforts within the design of the building to provide a comfortable court experience for laypersons, the heavy symbolism in all parts and elements of the court have a significant impact, one that, at times, overpowers the soothing elements of the design.

CONCLUSION

In conclusion, although there are many elements within the design of the Queen Elizabeth II Courts specifically in place to have a positive psychological effect, people are affected by symbolism as soon as they walk into court buildings around the world, just like they are once walking through security of the Supreme and District Courts of Brisbane and even more so once in the individual court rooms. This is something that is something which has been going on for as long as courthouses have been around and is a fundamental within the design of courts, even new courthouses like the Brisbane Supreme and District Court.

REFERENCES

1. McDougall, Robert. (2016). Designing the Courtroom of the Future, paper delivered at the International Conference on Court Excellence, Singapore.
2. Richardson, Christine Rosalie. (2007). Symbolism in the Courtroom: An Examination of the Influence of Non-verbal Cues in a District court Setting on Juror Ability to focus on the Evidence (Thesis, PhD Doctorate). School of Criminology and Criminal Justice, Griffith University, Queensland, Australia.
3. Government of Western Australia Department of Justice (2017). Design Brief for Courthouses in Western Australian.
4. Yang, W., Jin, S., He, S., Fan, Q., & Zhu, Y. (2015). The impact of power on humanity: self-dehumanization in powerlessness. PloS one, 10(5), e0125721. doi:10.1371/journal.pone.0125721
5. Queen Elizabeth II Courts of Law. (2013). [Pdf]. Retrieved from https://www.architectus.com.au/sites/default/files/ba-pub-bscdc.pdf
6. Brisbane Supreme and District Courts. (2012). [Ebook]. Retrieved from https://static1.squarespace.com/static/57bba320e4fcb5cba1e11900/t/590f09281e5b6c8e16ef114b/1494157673271/01674+Brisbane+Supreme+Court.pdf
7. State of Queensland. (2018). Planning and Environment Court Rules 2018.
8. Edwards, B. (2018). Symbolism of Lady Justice. Retrieved 20 August 2019, from https://www.theclassroom.com/symbolism-of-lady-justice-12080961.html
9. Herschel Street, Brisbane Brisbane’s Joint Tallest Building. Retrieved 25 August 2019, from https://www.meritonsuites.com.au/our-hotels/qld/brisbane/herschel-street/
10. Paul Katsieris, ‘Representations of Justice: A photographic Essay in Two Parts (Part Two)’ (1991).

The role of court system is to help citizens protect their constitutional rights and enforce the rights of individuals. Their main purpose is to give opportunities to parties that are in conflict to be heard in the court in order to solve the dispute in a fair, consistent and rational manner using the law and also to bring justice towards people who have been wronged. The parties take the help of lawyers who are legal representation that will provide the laws to parties.

One of the features of the Rule of Law is Presumption of Innocence. It states that “an accused person is assumed to be innocent until proven guilty”. This is very important because if it is not done there are high chances for an innocent person to get punished for a crime they have not done. Additionally, it protects the individual’s career, reputation, family and any other aspect of life. Furthermore, this rule provides procedural fairness. However it allows people who are guilty go unpunished if the crime cannot be proven to a certain level of certainty. This makes people feel that they can rely on this rule if they hide their crimes well. Also there is a burden of proof put on the prosecution and the plaintiff for them to prove that the crime was done by the defendant without an iota of doubt or beyond reasonable doubt and the defendant has zero burden to prove their innocence. An example where the ‘Presumption of Innocence’ was misused due to legal process was during the a murder charge against a man who was accused of killing Cheryl Grimmer. The case has been dropped because the evidence the prostitution presented was inadmissible and unfair to the accused so the judge ruled the evidence. This caused the accused party to walk out of the court freely.

Another court procedure that protects the rights of suspects, victims and the society is the opportunity to appeal. Decisions from both criminal and civil cases can be appealed to a higher level of court. If any party in the case is unsatisfied with the outcome of the trial then he/she can appeal to a higher court. An advantage of appealing is that the cases will be solved in a way that’s satisfactory to the party. Another advantage is that the case is heard again by the court which means that any detail or evidence that was misinterpreted or ignored can be taken into consideration which might have an impact in the change of the outcome. However, not all cases can be appealed to a higher court as they can reject the case because if all the cases are appealed then that would result in waste of time of the court and the party if the outcome doesn’t change. For example, in Rebel Wilson’s defamation case, she appealed to the high court for her reduced defamation payout. But she got rejected by the high court. Another disadvantage is that any person can appeal to a higher level of court and they cannot appeal to a lower level of court.The party doesn’t get another hearing if they appealed to a lower court from a higher court system. So even if the party is unsatisfied, there is no way to change the outcome.

Not only filing an appeal, the role of jury also plays an important role in the verdict of a criminal and a civil case. A jury is a group of people that swear to give a verdict in a legal case on the basis of evidence.

Law reform is the process of reviewing current laws and proposing and introducing reforms in the legal system in order to promote justice or efficiency. The law reform bodies or law commissions are closely linked and are entities formed to promote legislative reforms. The Family Court was created by the legislation on Family Law Act 1975 (Cth) which aims to help decide complicated family law issues. This law regulates the competence and functions of the Family Court. The Federal Circuit Court aims to help determine much fewer complex matters and to determine matters of general law in federal jurisdiction. It is bound by family law and is regulated by the Federal Circuit Court of Australia Act 1999 (Cth). In order to determine family law issues, both the Australian Family Court and the Federal Circuit Court use the Family Law Act 1975 (Cth). However, issues have formed due to the questions regarding children ‘best interest’, the court systems structure and the qualifications and training of counsellors and child representatives this essay will examine these issues to identify how the Courts are lacking in effectiveness and why they need a new law reform.

Kids have been put into harm’s way because of the legal structure of ‘best interest of the child’ causing very high risks for children. For instance, in one case reported in the media, James was allegedly abused by his father from the age of four to thirteen. James and his mother reported to the New South Wales Department of Family and Community Services (FACS) as well as the police. The Family Court found the allegations to be malicious. At the age of six, James father was awarded sole custody and ordered him to live with his father due to ‘best interest of the child’ which derives from Article 3 of the UN Convention of the Rights of the Child (CROC) which says that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. James was mentally and sexually abused by his father. Even with physical evidence of James being injured reported to police, despite this the family court still took no action. It wasn’t until the police took out an Apprehended Violence Order (AVO) against James dad when he was 12. Under the Protection of Children Against Sexual Offences Act, 2012 as well as the Family Law Act 1975 Act (Cth), James should be protected, but the Family Court overlooked the substantial and physical evidence of what his father had done to him and let James live in the same facility as him for multiple years. In the Family Court System children need to be heard and have their own say under the Family Law Act 1975 this again shows the Court systems failing as James should have been heard but wasn’t which left him to suffer. Shown in James case, children are not heard which puts them into harm’s way. This affect’s the child mentally, psychologically, spiritually and physically. This will have long run implications for society if children are heard therefore making the Courts more effective.

Kids are lost in the gaps due to fundamental structural difficulties of the Family Court System. In James’ case, 24 risks of harm were reported during the first six years he had lived with his father by New South Wales Department of Family and Community Services (FACS). The Family Court left a disturbing failure in James’ case where FACS intervened due to the father and a former partner having substantiated after he sexually abused a child from that relationship where in total, three former partners had alleged child sexual assault against James’ father, but only one of those cases was substantiated by state authorities. All these gaps exist as the Federal Circuit Court often hear allegations of family violence and child abuse, but they have limited powers to investigate them. They rely on state and territory courts and agencies to do that work and to share information about the risks to families and children. This places children into harm because the gaps between the Federal Circuit Court, Family Court, Child Protection Services and Police are due to barriers. All the fundamental structural difficulties of the system could be remedied by allowing family law, family violence and child abuse matters to be dealt with in the same place at the same time minimising gaps and protecting more children. This reform could help fix the shortcomings of the existing system by making it more effective as more children become protected through less gaps in the system.

The lack of training counsellors and child representatives in the Family Law System result in children at risk. Starting from 8-years-old Sarah was physically abused by her dad, having bruises and scars or red marks where her dad would push or hit her. Neglected by her father, she was never encouraged to wash, change clothes or brush her teeth and she says that she would usually smell. She spoke to counsellors “dad hits me” or “I don’t have food”, it would be reported and ignored with no one coming to Sarah’s aid. More training for counsellors and child representatives needs to be put in place to allow the Family Law Act 1975 (Cth) to be more effective. The Family Court of Australia and the Federal Circuit Court of Australia must consider the child’s safety, but in this instance it went unnoticed with Sarah dealing with neglect due to the insufficient training of counsellors and child representatives. If more training was obtained for counsellors and child representatives it would make the systems more effective in keeping children safe and minimise the risk of neglect and abuse that Sarah received because she wasn’t heard. This law reform is needed to improve these issues as the existing system leaves children at risk due to lack of training for counsellors and child representatives.

Overall, the Family Court of Australia and the Federal Circuit Court of Australia are ineffective in issues such as the decisions that are made in the ‘best interest of the child’ which is a risk, the lack of gaps due to the barriers between all facilities and the lack of training in counsellors and child representative. Both courts in James and Sarah’s cases were ineffective in keeping these children safe and putting them in harm’s way. The courts need to merge to create a new law reform for a more effective and efficient system.

INTRODUCTION

In our society, are we safe? Do we have anyone to hear us, or do us justice? I’m afraid we never talked about it, but it seems like a key concern for everybody. The present world is pounded with demonstrations of fear-based oppression like those of viciousness, fatalities, atrocious crimes, corruption and bribery, individuals misusing their authority, and so forth., which poses a question for us if we still live in an impartial society (Sahai,2015). In order to protect these crimes, violations and their victims, now and in the future, a global network is emerging along with human rights organizations by forming an international treaty in 1998 (International Criminal Court,2002) . This global arrangement authoritatively happened in 2002 subsequent to being sanctioned by a few nations and setting up as an International Criminal Court or commonly called as ICC. The ICC itself is different in a way that, by working closely with the United Nations, it is formed by a treaty. ICC seeks nothing other than individual citizens of countries or organizations (International Criminal Court,2002).

The question arises here whether ICC is successful in bringing justice to the people? Whether the ICC uses all its powers to protect the country’s individuals? Violation against human rights like terrorism and certain other atrocities makes ICC accountable to add value and convict the accused individuals. In a way that in case the national government is incapable to supply an arrangement to a case, it at that point comes beneath this court but only the violations conducted in regions that have confirmed the settlement and by the residents of that country (Sahai,2015). Additionally, this court as well holds a few other hindrances like its’s as it was confined to oversee with cases or infringement that are committed after July1,2002 (Sahai,2015). As of now it is evident that if the participation ratio of all the nations is less or equal to none, the proceedings that the ICC will prosecute will have a partial judgement (Sahai,2015). ICC has very little, if any, to talk about the authority. The court is highly dependent on the police system of nations to make any investigations as they have none that has been a major disadvantage to the ICC and other member countries (Sahai,2015).For instance, states and investors are profoundly involved in indicting those blamed for crimes within the ICC, while the member nations did not bolster his detainment in a circumstance where Sudan’s leader Omar-al-Bashir was anticipated to be kept (Sahai,2015).

ICC BIASNESS TOWARDS CERTAIN NATIONS

Talking about biasness it is quite clear now that the legally binding nations or the UN Security Council provide the prosecutors with the cases where, in my eyes, I would say it is an act of prejudice underneath the court decision because these ratified states have a high stake in the selection of ICC judiciary for their welfare . The question here next comes is what all nations are not a part of ICC ? China, United States, India, Pakistan, Indonesia, and Turkey, even though one of the most dominant nations, have no role to play in the ICC charter (Sahai,2015). There are still countless cases remaining that have not been taken to discipline until now or a significant gap has occurred since the incident took place in a long way. For example: in October 2005, the arrest warrant for the five leaders of the Lord Resistant’s Army charged for war crimes and crimes against humanity was released publicly in Uganda, whereas no action has been taken to date (Kaul,2007). This illustrates a major reliance on the ineffectiveness of the ICC in its duties. Second, almost since 2003 innocent lives have been at stake, primarily around 300,000 people have died in Darfur, Sudan and some other countries such as Colombia, Uganda, Democratic republic of Congo(DRC) due to violations, disputes, massacres, killings, etc and still the cold-blooded criminals are living freely (Phooko,2011). Further , as we discussed above about the Sudan’s case where was charged on for four allegations of murder, two instances of atrocities, and five cases of human rights violations and still out. What does this all tell us about ICC? I believe the ICC’s lack of own police force is a major concern behind this that the perpetrators could not be nabbed because it is obvious why Omar-al-Bashir would pass state arrest warrants. Besides that, there are also proceedings that have been shut down either because of the accused’s death, charges withdrawn, lack of evidence etc. While Libya has not yet ratified the ICC, on 26 February 2011, the Union National Security Council submitted the petition out of nowhere to the ICC, to which the ICC must exercise its authority under any conditions even if it is only some regional area of Libya (International Criminal Court,2002). According to the UNSC, Muammar Mohammed Abu Minyar Gaddafi was indicted for deliberately killing innocent civilians, breaching human rights, exploiting prosecutors and war crimes. Whereas on 22 November 2011, owing to his passing, the arrest warrant against him was revoked (International Criminal Court,2002). This clearly indicates the ICC’s unsuccessful ability in not passing any authority for almost eight months and provide redress to the defendant’s families.

It is well known how essential the International Criminal Court is for African nations even after the experience of the two. One of the strongest supporters and the most important for the court was perhaps the African nations, provided that the cases brought before the court at its early phases of development were handed down by them (Fisher,2018). For the most part, 2016 and early 2017 represented the beginning of a transitional era in the relationship between the court and Africa, started in 2009 with regard to the arrest warrant for Omar-Al-Bashir and then this extraordinary move by the Gambia, South Africa and Burundi to encourage the ‘ ICC withdrawal approach ‘ (Fisher,2019). Indeed, during the Jamhuri Day celebrations in October, Ugandan President, Yoweri Museveni gave approval to the above withdrawal policy in a press and promised that he will make sure that the court exercises its authority on its own (Belle,2016). The cases ICC pursues in Africa makes people think that by being biased against them, the ICC continues to harass their countries leaders. Is it because of the number of cases ICC witnessed in Africa? Or just a matter of coincidence.

COURT’S CONFLICT WITH UNITED STATES

Ever since the court came into force, the US had claimed a very clear connection with the ICC. George W. Bush signed the Rome Statute early in 2000 but did not call for the legislature’s enactment (Banerjee,2018). With the years in which Barack Obama took over the U.S. presidency, he observed this alliance with the court, diving into the issue and promoting it (Banerjee,2018). Although Clinton signed but never ratified the treaty. It is not legally enforceable then as a matter of fact. Clinton was resistant to the Senate’s request for any kind of recommendations for its compliance, as the US perceived the court’s operation in this respect (Banerjee,2018). In Sept. 2018, one of the U.S. National Security officials, Mr. John Bolton, went forward and pointed out that he is against the way ICC operates and expressed worries about how the tribunal handles its investigation in the case of any atrocities committed by America’s military officers (Trump Administration Expresses Strong Disapproval of the International Criminal Court,2019). Then after few more actions, negotiations etc. As of September 2019, a statement is being made on behalf of the President of the United States announcing that the United States will use all available means to protect Americans along with those of their supporters from the arbitrary action of this unconstitutional trial (Trump Administration Expresses Strong Disapproval of the International Criminal Court,2019). According to the U.S., they are not willing to support ICC, do not want to provide any guidance or attend the tribunal. Because of all the accusations and lawsuits, the ICC no longer holds any role in front of them.

As a result of the relationship they have shared in the past, the United States denied the visa of members of the ICC this year in March who come forward to convict crimes in Afghanistan (Koehler,2019). As per America, the court does not hold any authority to investigate the American citizens under any law because the US is no longer a member of the ICC and hence has no obligations on the court. Americans, though, are entitled to any country’s court where they commit a crime, so the authority of the ICC is no less constitutional than that (Koehler,2019). The US plays a critical role in keeping other influential nations from joining the ICC. But in fact, if we see, with all the war crimes and atrocities and massacres occurring in its territories, the state itself is not willing to stop such practises by not allowing the court to prosecute its citizens (Koehler,2019). Only when the domestic courts investigate this matter and use their judicial authority in a proper manner, I do not think the ICC would then have any concern and will, therefore, cease to engage itself. The United States opposes crimes against humanity and war crimes by taking legal action against the ICC. It enables offenders to feel their actions are reasonable and they will continue to do so, as their only threat may be tainted (Koehler,2019). Perhaps what nation must do is hold a meeting with ICC officials to discuss what they’re thinking about and how they’re going to proceed.

HOW DOES THE ICC WORKS?

In 1998, a convention called the Rome Statute created the International Criminal Court in which 120 countries joined and nations granted the ICC the power to pass jurisdiction over all war crimes and infringements apart from their domestic courts but only in effect after 1st July 2002. Some of the countries that signed the treaty are Africa, Latin America, Western European and Northern America, the Caribbean, Eastern Europe and the last but not the least Asia pacific (International Criminal Court,2002). ICC headquarters are in the Hague, Netherlands and sets up offices for inquiries (International Criminal Court,2002). The tribunal is not a replacement, or the existing courts are not abolished. It only strengthens them in a manner if the national courts are unable or unlikely to settle a dispute, and then the ICC comes to the rescue. ICC does not exclude anyone in the case of any crime or accusation, given their position in society. Under any conditions, the individual is criminally responsible as per the court. The ICC has a 4-organ framework where the first is the president who is the court’s head (International Criminal Court,2002). Second, are the legislatures that ensure fairways, with 18 judges (International Criminal Court,2002). Then follows the prosecutor’s office, which consists of three subdivisions of the one who is performing, prosecuting and dealing with cases among those charged with crimes (International Criminal Court,2002). The last is the Registry, the ones that support the jury (International Criminal Court,2002). There are certain crimes that fall within the authority of the ICC and then some serious prosecutions are held accountable to individuals. These are primarily genocide, crimes against humanity, war crimes, and aggressive crime. The ICC operates in such a manner that at first the lawyers are given reports, analyses or evaluations, second an arrest warrant is released, third certain rights are granted to the defendant until the moment they are found guilty, then the proceedings against the accused are checked before the trial, then the trail takes place in The Hague, a closing statement or a verdict is then passed, if any party wants to appeal the prosecutor’s ruling, the time will be granted and further changes will be made, and the last will be the participation of victims and the safety of witnesses (International Criminal Court,2002)

MAJOR CHALLENGES AND FAILURES FACED BY THE COURT

The ICC faced many serious difficulties. Which comes first is the barriers that it originally carried for the court. First, the ICC is accused of investigating just Africa because of its discrimination against them. Second the ICC has only been able to pass authority over the proceedings that will arise after 1 July 2002. Although doing a lot of work under the Rome Statute on the construction of the ICC, it was still a disappointment in many nations’ eyes. Teamwork is very important in order to make any company, organization or team an effective group, whereas the chief prosecutor’s leadership style did not meet standards in the ICC and was unsuccessful, as a result, the funds originally invested were lost (Donovan,2012). The ICC relies on nations support to turn over the accused and help in gathering evidence to push up and conclude fair and effective proceedings (Donovan,2012). The lack of state involvement allows the perpetrators to move away easily, for example in the Omar-Al-Bashir case where evidence exists, the arrest warrant was issued but the government did not make an effort to put him behind bars or even challenge him about his acts. Indeed, the lack of assistance from these large powerful countries, such as China, Russia and the United States, presents a significant shortcoming in the ICC process.

For all the setbacks, the court also had some success in its growth processes. If the domestic courts are reluctant or unable to pass the jurisdiction by making a fair track, the ICC, not being a substitute to the national courts, is granted the title of last resort which in a sense, is a significant advantage to the states, as this would mitigate the offences and prosecute those who commit such abuses.

CONCLUSION

The weaknesses must be tackled to ensure the ICC’s success and prosperity, and the achievements must be used as a strengthening aid. Several modifications must be undertaken within the next years to establish a position in the country (Donovan,2012). I would say, in my judgment, that although the International Criminal Court is still unsuccessful, it can make its influence greater if all the powerful countries are more involved. Second, if the court begins to build its own police force, they don’t have to rely on the other countries to wait until their orders apprehend the suspects. Third, I believe it can assist in the credibility of the ICC to protect the world from war crimes and massacres by promoting more public awareness across countries. Forth, as a matter of fact, in the event of a happening, people see the court as a justice. The residents of the world claim that it is still in the custody of the tribunal to carry down the fair judgment, whether it is crimes against humanity, violations, murders, war crimes, etc. Indeed, if all states continue to comply with the functioning of the ICC and its operations and investigation system by not becoming an obstruction and presenting valid evidence, even if they may have to adapt and step forward, leaving the nations own democracy behind. The court may also have to make the horizon wide open by not only holding proceedings in Africa as the nation’s citizens still suspect that the ICC is a biased body.

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