Judicial discretion

transferring of juveniles to adult criminal court. Currently, all fifty states allow for juveniles to be transferred from to adult criminal court. There are different methods in which juveniles are transferred into the adult system. They are by way of: Judicial waiver, statutory exclusion,…

There are many things according to the Kzinski article and class discussions that can limit a judges discretion. In the article, it mentions that an example of judge discretion is that judges often have to base their findings strictly off the constitution. This is very limiting because the constitution says very specific things for example, in the constitution under article 2 section 1 that says "no person except a natural- born citizen or a citizen of the US, at the time of the adoption of the…

However, judges make decisions based on public perception, and thus this upholds the independence of the judiciary, making decisions with complete discretion. The independence of the judiciary is protected through s 72 of the Constitution, which protects the tenure and remuneration of the federal judges. With the guarantee and security of tenure, judges are not held accountable to external opinion and…

The judge’s role of sentencing defendants is likely the most difficult due to the effects punishment has individual’s lives. However, there are aspects which impact judge’s decision making when imposing sentencing. These factors are “statutory provision, …philosophical rationales, organizational considerations, …presentence investigation reports[,] and… personal characteristics” (Bohm, & Haley, 2014, p.322). The statutory requirements allow judges the guidelines to ascertain what allowable…

The U.S. CJS attempts to decrease criminal behavior through a wide variety of uncoordinated and sometimes uncomplimentary efforts. Each system component police, courts, and corrections has varying degrees of responsibility and discretion for dealing with crime. Often a federal, state, or local system component fails to engage in any coordinated planning effort; hence, relations among and between these elements are often characterized by friction, conflict, and deficient communication are stifled…

the decision was arbitrary or capricious, and amounts to an abuse of discretion. Isaac, 646 N.E.2d 1034. In that case, DSS sought to remove Isaac, who was placed in the Department’s permanent custody, from the specialty school; he attended, and placed him in a long-term residential facility. Id. Isaac’s treating psychiatrist along with Isaac’s parents, opposed the move. Id. Isaac’s parents argued that DSS abused its discretion when it sought to remove Isaac from the specialty school and place…

court has a discretion to exclude documents that have been obtained through improper or illegal means, albeit it is a high test concerning the abuse of court process that must be satisfied to warrant the exclusion of otherwise admissible evidence. Lander J considered…

powers; the judiciary alone exercise judicial powers (pg 114, The Constitutional System of the Australian States and Territories, Gerald Carney) Australia does not have complete separation of powers due to some roles of parliament, the Executive and the judiciary overlap. For example, the prime minister and ministers are part of the executive and the parliament, even the Prime Minister and ministers are appointed by the Governor –General, who is part of…

"Kids for Cash" a riveting documentary about the 2008 “Kids for Cash” scandal, in which two Luzerne County, Pennsylvania judges accepted judicial kickbacks, for the incarceration of juveniles. “Kids for Cash” shocked a nation, and showed all the corruption which can occur within the court system. Two judges, President Judge Mark Ciavarella and Senior Judge Michael Conahan, were convicted of accepting money from Robert Mericle, builder of two private, for-profit youth centers for the detention of…

examine the UK courts procedure in relation to the concept of deference with regards section 3 and section 4 of the Human Rights Act (HRA) 1998, it’s limitations and the essence of judicial deference to legislation and the interference of Parliamentary supremacy. In addition, it would be potent to highlight ‘the judicial approach to the scheme of the HRA particularly the interpretation and application of the interpretive obligation laid down in s 3 and the power to declare legislation…