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Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
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"In December 1883, Peter Lazier was shot in the heart during a bungled robbery at a Prince Edward County farmhouse. Three local men, pleading innocence from start to finish, were arrested and charged with his murder. Two of them—Joseph Thomset and [George] Lowder—were sentenced to death by a jury of local citizens the following May. Nevertheless, appalled community members believed at least one of them to be innocent—even pleading with the prime minister, John A. Macdonald, to spare them from the gallows. The Lazier Murder explores a community's response to a crime, as well as the realization that it may have contributed to a miscarriage of justice. Robert J. Sharpe reconstructs and contextualizes the case using archival and contemporary newspaper accounts. The Lazier Murder provides an insightful look at the changing pattern in criminal justice in nineteenth-century Canada and the enduring problem of wrongful convictions." -- jacket cover summary
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Habeas corpus is everyone's 'get out of jail free' card. It is the legal remedy ensuring a person's release from prison or any other form of custody when the detention cannot be justified in law. This volume provides in-depth and critical analysis of the law behind this vital protection of liberty., Covers a topic of great importance: the liberty of the individual is a fundamental right and essential to the rule of law Habeas corpus is the only remedy directly applicable to a human right Provides a complete and up-to-date statement of the law Thoroughly explores the background and principles, together with practice and procedure, with sample forms, fully set out for the practitioner Completely updated to reflect significant developments in the case law and the literature since the last edition in 1989 One new chapter devotes special attention to habeas corpus and fundamental rights, looking in particular at the Human Rights Act 1998, the European Convention on Human Rights and also the Canadian Charter of Rights and Freedoms Another new chapter examines first principles and the evolution of judicial review and its relationship to habeas corpus For the first time, the book will include sample forms for practitioners in an extended section on practice and procedure.
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