Judicial discretion

Supreme Court case, Marbury v. Madison, changed the course of American history. From this ruling, the Supreme Court gained judicial review: the authority to give their opinions on the constitutionality of laws. This positively impacted America because it prohibited the government from abusing the Constitution. However, over the years, judicial review has spiraled into judicial supremacy and taken power away from the states. It has also led to the Supreme Court making laws, such as legalizing…

Public Administrators are often placed in a situation that requires them to practice discretion. By discretion, I am referring to the ability to decide and make important decisions, when instructions are not clear or given; on what is right and wrong in a particular situation. This goes back to Finer and Friedrich on how they believe public professionals should handle situations. Finer suggested that they should strictly follow the guidelines of the legislature. While Friedrich stated that they…

laws to expand the types of offenses and offenders eligible for transfer from juvenile court to adult court for trial and sentencing. These lowered the minimum age for transfer , increased the number of transfer-elijinle offenses, and reduced judicial discretion in transfer decision making. Sentencing juvenile delinquents is not a very good thing for many things. Juveniles are children under the age of 18. Well sentencing juveniles to adult prisons could be a bad thing for them. Many…

in a conservative fashion and those appointed by liberal presidents vote the opposite way. The confirmation battles over recently nominated justices certainly suggest that many people view the justices’ personal politics as an important factor in judicial decision-making. But we should not so quickly conclude that Supreme Court justices, like politicians, merely try to institute their own policy preferences. A number of factors complicate the analysis. First, it is difficult to disentangle a…

such powers put in place by Parliament. Two of the most central means by which the rule of law is enforced are through judicial review and human rights law. Both act as agents of the rule of law by controlling the power of the state and protecting the rights and freedoms of its citizens. Over the course of this I essay I will first establish the procedures and principles of judicial review. I will then argue that the current procedures and principles in place are not entirely effective or…

end your ability to live the American dream. How we select these individuals to become a judge, comes with a huge debate. I believe that when selecting a judge we should analyze how each individual achieves the best balance of accountability and judicial independence. When talking about the issue of whether we should elect or appoint a judge, I believe that we should use merit selection. With merit selection I believe that this could help pull the system away from politics and focus more on…

strikes law in 1994. Twenty-five years to life for non-serious and nonviolent felonies were made possible because of the three Strikes law. Constitutional questions about the separation of powers such as, the limiting of judicial discretion and the granting of prosecutorial discretion. According to the California Department of Corrections, the three strikes law disproportionately affects minority populations. Not only is the law disproportionally to minorities it is also disproportionally to…

my analysis of bail, I have considered it alongside access to justice. Having in mind that justice must not only be done but seen to be done. This topic is indeed of great interest to me given that I have previously had an opportunity (during my judicial…

Executive Summary The aim of this report is to give an overview of the law relating to protective costs orders in Ireland while comparing it with the UK and Australia and making suggestions for reform. I consulted several sources in relation to protective costs orders in Ireland, the UK and Australia and found suitable material. In Ireland to date only one PCO has ever been granted . However, PCO’s have also been rejected in this jurisdiction. PCO’s are only granted in cases that are…

induce prosecutors to over-charge a suspect in an attempt to bully them into gaining a plea bargain. Plea bargains are also not conducted in open court so there is a lack of transparency that occurs (Carp, Stidham, Manning, & Holmes, 2017, p. 226). Judicial Restraint is a stricter interpretation of the law based upon its constitutional merits, legislative merits or legal precedent. One important aspect is that…