Judicial discretion

discusses the common law public policy discretion; quoting Halliday v Nevill ‘The warrant process acts as a safeguard in the “contest” between public authority and the security of private dwellings and property’. Moreover, comparing Australian authority that ‘police lawfully on premises cannot search them … before arrest merely on the basis of reasonable suspicion’ and Lord Denning’s obiter in Ghani v Jones that allows for ‘a public interest-based judicial discretion’ to receive evidence outside…

how crimes will be prosecuted. The “legal system has traditionally accorded wide discretion to criminal prosecutors in the enforcement process”. As long as “the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute and what charge to file or bring before a grand jury, rests entirely in his discretion”. Granted with such discretion, state attorneys heavily rely upon victims in criminal cases as sources of…

plaintiff’s case. They claimed that McCleskey failed to prove that any participating member in his case acted in a discriminatory manner against him. They concluded that discretion is crucial factor in the criminal justice process. Due to the critical need for discretion the plaintiff would have to provide clear and valid proof that discretion was abused before the court would take action. They argued that the statistics in the study did indicate that there is a discrepancy that appears to be…

due to the balance of power between the state government and the judicial branch, the court of appeals dismissed the case because they felt they lacked jurisdiction declaring the issue as a political question. In this dispute, The City of Ingleside appealed and the case was granted a petition…

Is there any longer need to keep the principle of Locus Standi in the English Law? Under the Civil Procedure Rules, an application for Judicial review will only be admissible if permission or leave for Judicial Review is obtained from the High Court and Locus Standi also known as legal standing is one of the conditions to be satisfied to obtain leave for Judicial Review in English Administrative Law. The recommendation by the Law Commission was adopted in Order 53 r.3 (7) and this has now been…

I will be discussing how a person can predict the decisions of the justices on the Supreme Court based on whether they are conservative or liberal leaning justices. Then, where does that leave the idea the that no case is prejudged? If a person can predict the decisions of the justices on the Supreme Court based on the conservative or liberal leanings of the Supreme Court justices, where does that leave the idea that no case is prejudged? The way I believe that a person predicts the decision…

I have been asked to assess the procedural grounds on which Andrea and Billie could challenge the Minister’s decision. Procedural Impropriety: Every case comes with fair hearing rights. The nature of this decision is a typical permitting process. The Minister makes the decision, and it is not a high policy decision. In Daganayasi it is stated that administrative decisions omit certain rights due to efficiency. It should be noted that Andrea and Billie have saved up and mortgaged their house…

Introduction The American judicial system operates on the premise that justice is served best when both sides to a dispute possess the ability to enter evidence while at the same time challenging the evidence of the other party. Through this, a sharp development on the facts of the dispute is achieved. The states as well as the federal governments in the United States are authorized to prosecute crime regardless of the fact that they both have different court systems, criminal statutes, police…

A fourteen-year-old female juvenile, living in Illinois, was in an altercation with the Intended Target over a former boyfriend. Unfortunately, the altercation left the Intended Target’s friend, the Victim also fourteen, dead. Two weeks prior to the incident, the Offender was jumped and beat up by a group of girls that included both Victim and Intended Target. Intended Target threatened Offender the day of the event with a message indicating she was going to die. In preparation of retaliation…

Most people would agree that laws are something that were created to help people. Most of the help is figuring out who is right, how to handle something, or rules to follow (Behl, 2016). Hardly anyone would argue that this is a bad thing, until the law itself breaks the rules. Many laws can, in fact, contradict themselves. An example of this is the juvenile justice system and being able to wave the juvenile to adult court. The Juvenile Justice and Delinquency Prevention Act (JJDPA) and parens…