The Moral Impact Of Judicial Discretion In Sentencing

In the following the writer indicates what judicial discretion is. What is “judicial discretion is in sentencing?” Judicial discretion gives judges the right to use discretion when sentencing the offender to prison or jail. Over the past decades judicial discretion has waned and more decisions are made by a jury in criminal courts. The fact that most sentencing hearings are now decided by juries gives the offender the chance to fight for themselves. The writer provides statistical data on how legislatures write laws to affect criminal sentencing. The writer demonstrates their opinion on the efficacy and the moral impact of limiting or expanding judicial discretion in the sentencing process. The writer states important facts on how some races feel when it comes to the sentencing process. Judges have “special circumstances” for the convict when it comes to sentencing decisions. The writer looks at modern trends in sentencing that may be bias when discretion is use in sentencing.

Keywords: discretion,

Judicial Discretion in Sentencing
Judicial discretion is the power of the judge to make decisions on cases or sentencing process. Judges have the right to reject or permit a sentencing that may be brought by the prosecutor or the jury decision. …show more content…
This can be taken multiple ways based on history. This was an act to reform the criminals consequently some had concerns with disparity and others had concerns with law and order. The federal guidelines were different from some states such as Pennsylvania. Federal guidelines were a disaster in those days and Pennsylvania’s guidelines permitted the judges a lot of discretion in sentencing. During sentencing the key ingredient is to measure the severity of the crime not the preponderance of the