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Kangaroo Court

A judicial proceeding or trial which has a predetermined outcome or where the basic legal rights of a party are jumped over.

A judicial proceeding or trial which has a predetermined outcome or where the basic legal rights of a party are jumped over.

In R v O'Dea, the Australian court used these words:

"To describe the inquiry as a kangaroo court was to pour scorn upon the inquiry....

"(A) kangaroo court ... an un-authorised or irregular court conducted with disregard for or perversion of legal procedure.

"To describe either a court or an inquiry pursuant to a commission as a kangaroo court is to be contemptuous of it."

kangaroo

In Nebraska State Bar Association, the Supreme Court of Nebraska used these words in regards to kangaroo court:

"An irresponsible, unauthorized, or irregular tribunal, or one in which, although conducted under some authorization, the principles of law and justice are disregarded or perverted."

In that case, the description of a judicial body as a kangaroo court was held to constitute contempt of court.

In Lamb v Clark, the Court of Appeals of Kentucky had occasion to describe an ad hoc trial of new prisoners to jails in Graves County as kangaroo court; with the pre-determined and inevitably result of the whipping and beating of new prisoners as a form of prison initiation.

In Clark v Chief Constable of Essex Police, the British High Court of Justice appeared to accept the description of kangaroo court in the context of a disciplinary proceeding:

"... because those attending jumped from the accusation to the condemnation without pausing to find out what the accused person had to say about it."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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