I am have to make a powerpoint presentation that briefs Ford v. Wainwright for my Criminal Courts class. One of the points I have to make is about the policy of the case. I don't understand what exactly policy is. From what I have seen, it is how policy was made prior to the case being heard. Am I on the right track?
This is what the assignment says about policy:
"Rules don't stand by themselves without any sort of reason behind them. If there isn't a sound policy behind a rule, then the court tries to fashion a rule that serves the principles of equity or justice. Sometimes a statute that does not further the policies of equity or justice binds the judge. In those circumstances, the judge sometimes upholds the statute but writes the opinion in such a way to bring the injustice to the attention of the legislature in order to encourage them to change the law."
Now, I'm not asking for you to give me the policy of Ford v. Wainwright, I'm just trying to figure out if I am on the right track.
This is what the assignment says about policy:
"Rules don't stand by themselves without any sort of reason behind them. If there isn't a sound policy behind a rule, then the court tries to fashion a rule that serves the principles of equity or justice. Sometimes a statute that does not further the policies of equity or justice binds the judge. In those circumstances, the judge sometimes upholds the statute but writes the opinion in such a way to bring the injustice to the attention of the legislature in order to encourage them to change the law."
Now, I'm not asking for you to give me the policy of Ford v. Wainwright, I'm just trying to figure out if I am on the right track.