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3. Judicial
standards and social objectives
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Article 17-The
concept of judicial responsibility
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| 17.1 |
The concept of judicial
responsibility |
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Judges and magistrates have a solemn duty to the citizens of Asia Union in the professional conduct of their duties. |
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Not only are judges and magistrates honor bound to their code of conduct, but must also be seen to be conscious of social standards and expectations in the execution of justice. |
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This is particularly the case when dealing with highly emotional and particularly sensitive cases of moral depravity and injury against the social norms of decency. |
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While there may exist genuine tragedy surrounding the life of an alleged offender(s) in regards to a horrendous crime, judges and magistrates must always be responsible in their decisions with societies needs and then victim needs ahead of offender needs, namely: |
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(1) The social expectations of fair sentence and justice for serious crimes; |
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(2) The expectations of the victim (or their family) and a sense of justice; |
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(3) The mitigating circumstances of the convicted offender. |
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| 17.2 |
The needs of the convicted offender should never be placed above the needs of the victim or society |
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A judge or magistrate should never place the needs/circumstances of a convicted offender above those of the victim or society. Where such judgments are delivered that manifestly contravene this fundamental judicial responsibility, such sentences shall form a justifiable basis for appeal and possible disciplinary action against the judge/magistrate. |
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