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Kangaroo court

From Wikipedia, the free encyclopedia
Court with little or no judicial credibility
For other uses, seeKangaroo court (disambiguation).

Literal depiction of a kangaroo court

Kangaroo court is an informal pejorative term for a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convenedad hoc.[1][2] A kangaroo court may ignoredue process and come to a predetermined conclusion. The term is also used for a court held by a legitimate judicial authority, but which intentionally or structurally disregards the court's legal or ethical obligations (compareshow trial).[3][4]

Etymology

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The term is known to have been used in the United States in 1841: an article inThe Daily Picayune,New Orleans quotes theConcordia Intelligencer reporting severallynchings "upon various charges instituted by the Kangaroo court", asking "Don't comprehend: What is a Kangaroo court?"[5] The term is not attested to have been used in Australia, native land of thekangaroo, or elsewhere before then.[6]

The derivation of the term is not known, although there has been speculation. One suggestion is that, as these courts are often convened quickly to deal with an immediate issue, they are called kangaroo courts since they have "jumped up" out of nowhere, like a kangaroo. Another possibility is that the phrase could refer to the pouch of a kangaroo, meaning the court is in someone's pocket.[7][8][9] Some sources suggest that the term may have been popularized during theCalifornia Gold Rush of 1849 to which many thousands of Australians flocked. In consequence of the Australian miners' presence, it may have come about as a description of the hastily carried-out proceedings used to deal with the issue ofclaim-jumping miners.[6]

EtymologistPhilologos suggests that the term arose "because a place namedKangaroo sounded comical to its hearers, just as place names likeKalamazoo, andBooger Hole, andOkeefenokee Swamp, strike us as comical."[10]

In 19th century United States, an alternative term was "mustang" court, after horses that roamed the plains, thus evoking the image of a court presided over by a wild beast.[11]

The term is still in common use in theAnglosphere.[12]

As informal proceedings in sport

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The term is sometimes used without any negative connotation. For example, manyMajor League Baseball andMinor League Baseball teams have a kangaroo court to punish players forerrors on the field, being late for a game or practice, not wearing proper attire to road games, or having a messy locker in theclubhouse. Fines are allotted, and at the end of the year, the money collected is given tocharity or used for a team party at the end of the season.[13]

See also

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References

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  1. ^Scharf, Michael P. (2006). "The United States and the International Criminal Court: A Recommendation for the Bush Administration".ILSA Journal of International and Comparative Law.2: 385.
  2. ^"What's the origin of "kangaroo court"? Is "kangaroo" aborigine for "I don't know"?".The Straight Dope. January 4, 1985. RetrievedMay 17, 2025.
  3. ^"Kangaroo court".Wex.Cornell Law School.Archived from the original on August 23, 2023. RetrievedJuly 6, 2020.
  4. ^Stempel, Jeffrey W. (December 30, 2007)."Keeping Arbitrations from Becoming Kangaroo Courts".Nevada Law Review.8. UNLV William S. Boyd School of Law Legal Studies: 251. Research Paper 08-05.Archived from the original on August 23, 2023. RetrievedJune 30, 2023.
  5. ^"What is aKangaroo court, neighbor?".The Daily Picayune. August 24, 1841. p. 2 – via Newspapers.com.
  6. ^abAdams, Cecil (January 4, 1985)."What's the origin of "kangaroo court"? Is "kangaroo" aborigine for "I don't know"?".The Straight Dope.Archived from the original on August 23, 2023. RetrievedOctober 1, 2012.
  7. ^"Definition ofkangaroo court".www.merriam-webster.com. RetrievedSeptember 2, 2020.
  8. ^"Kangaroo court".Encyclopedia.com. RetrievedSeptember 2, 2020.
  9. ^Mohr, Melissa (October 24, 2019)."'Kangaroo court' has a peculiarly American past".Christian Science Monitor.ISSN 0882-7729.Archived from the original on October 1, 2020. RetrievedSeptember 2, 2020.
  10. ^Philologos (June 17, 2020)."The origins of the phrase "kangaroo court" have been hiding in plain sight".Mosaic. RetrievedJune 17, 2020.
  11. ^Poole, Steven (October 10, 2019)."'Kangaroo court': what have marsupials got to do with White House politics?".the Guardian. RetrievedDecember 25, 2024.
  12. ^Lehman, Jeffrey; Phelps, Shirelle (2005).West's Encyclopedia of American Law. Vol. 1 (2 ed.). Detroit: Thomson/Gale. p. 57.ISBN 9780787663742.
  13. ^Bouton, Jim (1990).Ball Four (2nd ed.).Wiley.ISBN 0-02-030665-2.

Further reading

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External links

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Look upkangaroo court in Wiktionary, the free dictionary.
Types of misconduct
False evidence
Wrongful convictions
Advocacy
Contributing factors
Norms and remedies
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