Judicial discretion

situations to be reviewed is better implemented. Fuller does show a slight regard for thick law in this sense, as he aims to protect citizen rights. However this can be done with thin law, by having a proper judicial system govern a democracy and giving judges the ability to act under their discretion. Fuller alludes to the idea that a legal system should have subjectivity and that people should have control over their democracy, however, by having a proper baseline of proper procedural laws,…

case should be considered separately with factors such as criminogenic environments and mental illness in consideration, resulting in the individualization of the criminal justice system (Rothman, p. 54). Punishment emphasized huge levels of judicial discretion in sentencing using indeterminate sentences, parole, and probation instead of determinant sentences and solely incarceration in order to rehabilitate the offender specific to their needs (Rothman, p. 43). According to Rothman, the primary…

article at the time debated the next move the State’s Judicial Court will make. DISCUSSION While the article focuses on severe crime by juveniles, it sparks the broader debate as to whether juveniles should be tried in adult courts at all. This issue is important to me because our criminal justice system clearly distinguishes between adults and juveniles and has made juveniles court system different from adult court. Why then should certain discretions be allowed to decide to transfer a…

Demuth, S., & Steffensmeier, D. (2000). Ethnicity and Sentencing Outcomes in U.S. Federal Courts: Who is Punished More Harshly? American Sociological Review, 65(5), 705-729. This particular study looked at the relationship between inequality and criminal punishment. Their research led them to develop three hypotheses. First, disadvantaged treatment by legal agents occurs because they lack the resources to resist applying negative labels. Second, the behavior of disadvantaged/minority offenders…

The law provides boundaries for officials to work within, however, it does not eliminate them from utilizing discretion. The decisions to intervene in a situation, cite, arrest, or prosecute the individual are all greatly discretionary (Greenleaf, Skogan, & Lurigio, 2008). A police officers ability to utilize discretion is the beginning of what could lead to a long judicial process. When making a traffic stop, they have the decision to issue a verbal warning or issue a ticket. A major downfall…

regulations for that specific jurisdiction), there are three main types of waivers that can be used; these are: the judicial waiver, prosecutorial discretion, and statutorial exclusion. Judicial waiver is the most commonly used transfer mechanism, and it involves judicial prosecutors and/or judges making the decision based on the circumstances (offense criteria, age, etc.). Prosecutorial discretion occurs in those states that have determined with its statutes that prosecutors should have the…

times can seem a bit more problematic. Discretion within any profession whether it is Law Enforcement, Prosecutors, Correctional Officers and or Judges can affect the moral principles and ethics of any person when having to make a decision. The responsibility of a Defense attorney is highly vital to any case or any client. I am going to discuss the role of a defense attorney and what the responsibilities consist of.…

Persky case with Turner, the ruling of the sentence seems to contradict with Judge Persky specialty and belief, which is to prosecute criminals that commits sexual crimes, one such as rape. Even though Judge Persky didn’t violate any law, he used discretion to convict Turner to a lenient sentence of six months. Also in the Judiciary Code of Ethics, is…

roles as interpretation the laws as well as having the facts to sentence. The role of the judge is also to decide what evidence is allowed in the trial. The judge also has to make the decision on allowing some questions in the trial, which is called judicial…

court erred in denying his motion to exclude the testimony of Kemogne’s witnesses where Kemogne failed to adequately disclose the witnesses and the contents of their testimony in discovery. Maryland Rule 2-433(a) bestows upon the trial court broad discretion in remedying discovery violations. Md. Rule 2-433(a). Critically, Rule 2-433(a) employs a permissive, but not mandatory, “may” where the rule provides that “the court . . . may enter such orders in regard to the [violation] as are just .…