Thursday, November 21, 2019

Can the judiciary hold some court hearings in a nearby church when the Essay

Can the judiciary hold some court hearings in a nearby church when the courthouse is undergoing needed repairs and renovation D - Essay Example Courts are established under the constitution of the United States, with the highest court being the Supreme Court (â€Å"USLEGAL web†). The constitution gives power to these courts to conduct business on behalf of the federal government. Every state in the United States is divided into counties. In these counties, we have courts that deal with all manner of legal issues. Can the judiciary hold some court hearings in a nearby church when the courthouse is undergoing repairs and renovation? Legally, there are no provisions in the law for this. The law defines a legal premise as all portions of a courthouse except those of the judge chambers and the lounge (â€Å"24 The Twenty fourth Judicial District Court†). The court has general courthouse rules. If these proceedings were to be held in a church, there would be a conflict of interest. The courthouse has rules that are to make operating of the courthouse easy and ensure no disruptions or interference during proceedings. There are areas marked as entrance and exits for spectators, judges, the accused and this is usually enforced (Storey). Enforcing this entrance and exit rules in the church becomes legally impossible. A church is recognized as a place that has an attachment to religion, in this case Christianity. The businesses conducted by most Christian churches on the church premise always have an attachment to the provisions of the faith. An example is given of weddings, requiem mass, children ordaining, church play, singing competitions, and confessions. All these features are related to religion and holding a court case in a church is a conflict of interest. However, the cases heard ion courts vary from divorce cases to criminal cases. They do not carry the same weight, which is why we have special courts for family law and criminal cases. A family divorce case being held in a church, having the two people involved as Christians could turn out just fine. There will be restraint in the way the matter is being handled and the two parties can feel a certain level of remorse and end up reconsidering their positions on the case. A family divorce case involving two Buddhists or atheists in a church is particularly disturbing. The church would want the cases being held in their premise to have a foundation of Christianity or Christian law. The identity of the litigant would affect the legal outcome in a church setting. This is only if the judges sitting on the jury bench are Christians and have particular convictions to do the right thing according to the Christian law. However, should the judges have a Muslim background, their faith cannot allow them to enter a church building turned a courthouse. The issue of one’s faith therefore takes play in these cases. A criminal defendant, in a church turned courthouse, whose faith is Christianity may not defend his client in the same way he would if it were a courthouse. Should a criminal lawyer raise an objection to a point tha t is straight forward as wrong according to the Christian law, it may look like hypocrisy to the very faith he supports. A murder suspect whose case is being tried in court may make objections on the ruling because the premise had an impact on the way the case was handled. A divorce defendant who is objecting to an issue in court and trying to defend against the divorce can gain sympathy ruling because the premise in which it is conducted in is a church. The Christian law is against divorce and such a case being tried in a church may

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