Forum Shopping Essay

661 words - 3 pages

The process in which attorneys engage in trying to obtain a favorable judge which can determine a beneficial verdict for their parties is known as forum shopping. This process can be obtained by engaging in various tactical practices by both parties which are allowed in a court of law. Obtaining the right magistrate for a trial is a crucial part in gaining the outcome both parties seek to obtain. But this technique can have a positive outcome but could very well conclude in a negative one as well, especially if it delays the trial to a long period of time.
An undesirable forum is the last thing litigants want for the continuance of their trial. This unpleasant outcome is which forces attorneys to engage in practices which can conclude the obtainment of a suitable judge. Some of those practices are filing a peremptory challenge, which can be submitted by either party explaining the assumption they ...view middle of the document...

Once the attorney believes he has found the suitable judge for the trial he begins to ask for a speedy trial. This method is a creative one because based on the harsh or mild sentences the different magistrates might set for a trial the attorney gets a better sense on what is better suited for him.
The court enables this process because it does not violate any laws or statues in California or in any state. These techniques are mainly made to ensure the fairness of a trial and are furthered by the innovated minds of attorneys to favor them in the outcome of the verdict. It’s impressive how minor tactics can be put into play in order to obtain a better atmosphere. But these practices are very well have an unpleasant impact for the court itself. The setback made by these attorneys by engaging in this process is a major one and produces a delay in other criminal and civil cases still waiting to be heard.
This is a reason why this practice should be eliminated, it causes an exaggerated workload and inhibits fair trials to many other cases. I believe the only way to obtain this outcome of banishing forum shopping would be establish a stricter statute of limitations but even then it wouldn’t stop much it, would just cause the attorney to think faster. Establishing a certain judge for a whole trial would violate the defendants or victims constitutional rights by violating the due process clause which establishes a fair trial. These procedures are not against the law and can’t be discovered right away by someone, but the true fact is that attorneys shouldn’t rely in the tendencies of the judge but should strengthen the approach they are going to make in trial by strengthening their burden of proof. In many cases though the selection of a judge does cause a harsh sentence for the defense and a lenient one that to the prosecution wouldn’t be considered enough. It is sad to say the judicial system does not consist of a stable sentence for each crime but depends on the discretion of a judge, and as a result causes parties to seek to find the more lenient judge.

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