You may feel that the judicial system is a machine with grafted-on parts that keep things moving—but in a lurching, lumbering, stumbling way. Systemic problems may seem ready to either implode every major courthouse or slowly chip away at any hope. Overfull dockets, lack of citizen cooperation, and political pressure are just three issues that may seem to make the word justice in justice system feel out of place.
And yet the system is still filled with dedicated professionals who take seriously their vocations and civic duty: prosecutors seeking fairness and reform, defense attorneys ensuring that a fair trial isn’t only a slogan, and judges serious about the promise of rehabilitation. This week, you consider how professional standards and ethics remain as the foundation for ideals and trust in the judicial process.
Compare responsibility for ethical conduct in the judicial system
Analyze the role of citizen accountability in the judicial system
Evaluate the professional expectations, standards, and civic responsibilities of critical roles in the judicial system
Develop a presentation to engage civic responsibility in the judicial system
Analyze professional ideals related to serving the judicial system
Recall a recent election ballot: Did you know the names or positions of the judges on it? Did many of them run unopposed?
Citizens elect judges and district attorneys. Those individuals have political party affiliations and run-on specific platforms, and thus are answerable to the electorate. Meanwhile, defense attorneys for offenders with less means are often appointed, having no prior relationship or knowledge with a client. Imagine being the accused in a complicated case and feeling like your constitutionally guaranteed advocate may seem to be “punching a ticket” with your case. Now, imagine that you are a citizen called to jury duty. Or imagine that you were witness to a crime but refuse to testify. What is your motivation for engaging with the judicial system?
In this Discussion, you examine the role of ethical conduct from many perspectives, including the one perspective everyone shares, even if they work in the criminal justice system: the citizen.
ourt held that the colour black when used on outboard boat motors serves a functional purpose, since the colour black is compatible with all other boat colours and also because the colour black makes the motor appear smaller. The first successful case of colour trademark was in the US. In Qualitex Co. v Jacobson Products Company, Inc. the petitioner company had been using a special shade of green-gold for their dry cleaning press pads since the 1950s. In 1989, Jacobson Products Co. started using a very similar shade of green-gold on its own press pads. Qualitex Co. got it’s shade of green-gold trademarked and also sued Jacobson for infringement. Another issue faced by colour marks is the possibility of there being litigation over shades of the same colour. A solution to this problem is designation of a colour using an internationally recognised identification code like Pantone as such codes are deemed to be precise and stable. The Pantone is a commercial system that designates specific shades numerically and categorises over thousand such shades by unique codes. Tiffany and Co.’s unique shade of blue ‘Tiffany Blue’ has been a registered trademark since 1998 and also has its own custom Pantone number – 1837, the year the company was founded. T-Mobile’s colour ‘Magenta’, Mattel’s ‘Barbie Pink’, UPS’s ‘Pullman Brown’ are some more examples of colour marks. India is yet to set precedence as far as colour marks are concerned. Smell Mark Smell marks or Olfactory marks rely on their distinct smell to remind the consumers of the source i.e. the brand or the manufacturer of the product. Once distinctive, a smell is one of the most powerful manners to differentiate the goods of one merchant from those of the other. Smell marks are one of the most difficult kind of marks to get registered. However, smell being so subjective, may be perceived differently by different people. The subjectivity of smell acts as a hindrance in its distinctiveness. Another issue is the difficulty in graphically representing smells. One way to represent a smell could be to orally describe it so precisely that it doesn’t get confused with any other smell, but this is quite an arduous task. Writing the chemical formula for the substance is problematic as the formula represents the substance and not the smell itself. Samples of the smell could be stored but these may either vanish over time or change their nature when exposed to certain external factors like heat and humidity. Another important thing to note is that the scent must neither originate from the goods itself nor be functional. Functionality Doctrine again plays a role here and if any smell has a functional use, the registration of which could lead to significant disadvantage to competitors, such smell may be disbarred from registration. However, there is no clear-cut definition for functionality. For example, the smell of lemon for garbage plastic bags; the smell itself can be distinctive, but it can also be functional because it can mask the smell of waste and garbage. Fashion house Chanel’s application to get its iconic perfume Chanel No. 5 trademarked was rejected as it was the essence of the product. The first scent mark to be granted in the US was for a “high impact, fresh, floral f>GET ANSWER