SOC205 - WEEK 2 - DISCUSSION 2

"Judicial Self-Restraint"

Describe the manner in which presiding judges use the principle of judicial self-restraint within their U.S. courtroom procedures. Provide two (2) examples where judicial self-restraint is in use to support your rationale.

The manner in which presiding judges use the principle of judicial restraint within their U.S. courtroom pertains to the restricting of certain cases that are allowable to be presented. Therefore, as such the case must be in proper standing for litigation to ensure that a party or plaintiff has a true act to stand or stance to prove a wrong has caused consequential suffering or detrimental harm and a true immediate actuality of the present or future from the law compiled and administered. Next, control is allowed when a case situational base has altered or has differentiated, evolved during the interim before presentation to the judge. As such this may cause a dismissal of the case or rejunture of submission of the case.

Take a position as to the degree of success U.S. judges achieve in implementing the principle of judicial self-restraint in their courts (state, federal, or both). Support for your position should include a discussion of two (2) popular recent cases that were heard in either your home state or in a federal court.

My position on this stance reflects that the ability to peruse, analyze and render a correct judgment is allowable as well as maintain continued control of what is presented and what is deemed unsuitable to be presented in all courts (state and federal). In support of my position is the case as follows:

Todd Carlton Smith vs Cummings CO (Smith vs Cummings CO)

As per my position and stance the judicial restraint is enacted in this case by the realizing of judicial limitation or jurisdiction and the subsequent disallowance of a dual jurisdiction to be comparative utilized for consideration of the appeal. Next, the Kansas Tort Claims Act (KTCA) was dismissed due to one defendant being found liable but with others found dismissive due to lack of proximity and therefore causing the KTCA to be moot. Other pleas of complaint were dismissed due to frivolous acts of nature because all (guards) acted in protective stance to guard and protect and repeat of request to return to Florida where initial incident occurred (murder of another prisoner).

Michigan vs Long

In this case judicial restraint is realized by the allowance of resubmission of case (appeal) to be evaluated as to its fairness and control of credence in its fulfilling of the critique and judgment because as stated by the police the said “suspect” and vehicle was searched due to visual sight of a hunting knife on the vehicle floor and erratic behavior after driving into a ditch.

Further due to appeal of an illegal search and seizure that was initiated as a protective search the evidence or contraband (marijuana) was dismissed due to the lack of clarity of said search. Therefore, since no grounds were there to search and seize it was and should be a violation of privacy due to the proceeding from the visual locating of a hunting knife (unspecified length).

Thank you.

Felicia


SOCIETY, LAW AND GOVERNMENT
WEEK 2 - DISCUSSION 2
RESPONSE TO CO-STUDENT

I agree that the constitution is an intricate and complicated essence of life that is our point of standing and defense of this country. Further it does have the laws broken down in categorical order but the blood of right is buried and embedded deep within to stand for each court room in our legal system.

Also, I agree that the bills have evolved from it as well and restricts and controls allowances that violate, hinder and pervert its purpose of the constitution and therefore this is why judicial self-restraints are used in the courts.

Further, I agree that through this usage is dependence on procedural and substantive methods.

Thank you.

Felicia