Judicial discretion

George Soros Push to Transform the State Justice System Progressives led by Soros have trained their sights on electing prosecutors recent election cycles as a strategy to reform the criminal justice system. Besides supporting the presidential and congressional campaigns, a report published by Politico on 08/30/2016 show the longtime Democratic donor George Soros offered more than $3 million to support 7 candidates vying for district attorney positions in 6 states. The move aims to reduce the…

and hence, the legal reasoning implemented regarding the extent to which judges shape the law. For example, with positivism – under either Hart or Kelsen – law is separate from morality. Under Hart’s theory, there is some room for judges to apply discretion, as rules have a core of easy meaning and application, and a penumbra of uncertainty. However, for the most part, judges are to apply the clear legal rules which are posited. If that is our belief, then a positivist may be comfortable with…

I learned about the differences between real court and TV court and it dispelled a lot of myths. I have a deeper respect for the Judicial system and the history of our courts systems. I do on a whole think the U.S. legal system is fair and just, but that it can be misused including abuses of discretion and mistakes by judges and juries and procedural…

are reported they are not automatically assumed to be crimes. Responding agencies need to determine whether or not a crime was actually committed by conducting an investigation. In some cases even when a crime has been committed it is up to police discretion on whether to act or not. The majority of crimes that are committed do not lead to an…

Use of Deadly Force Police officers, or any type of law enforcement are here to protect us from any harm. Discretion is something that law enforcement uses and plays a major role in policing. Many people have their own opinion on whether police officers are doing their job the right way. Of course we all have our own views and what the “right way” is and how it differs from people to people. What I believe is that many police officers are not doing their job right due to the fact that there…

legal precedent. Judicial precedent is regarded as the most important source of law that offers predictability, uniformity, equality, certainty and convenience. Judicial precedent though has negative attributes. Case law is notoriously slow to change through rigidity and only repealed through an appellate court or legislation. Legal precedent is known by the Latin ‘Stare decisis et non quieta movere’ or to stand by decisions and not to disturb settled matters”. When a judicial judgement has…

I. Facts Julian Assange is an Australian journalist and publisher. He is the founder and editor of WikiLeaks, a public-interest publication all over the world. On November 2010, Assange was wanted in Sweden for questioning on the charges of rape, sexual molestation, and unlawful coercion . Subsequently, a Swedish public prosecutor took from Stockholm District Court a domestic detention order against Mr Assange. In compliance with the criminal law of Sweden, the detention order is admissible…

for by common law. The third is the remedy proposed by parliament to cure the defect at common law. The last thing is the effect of the remedy proposed. The application of this rule is complex because understanding of legislation is left at the discretion of judges. According to this approach, once the court has identified parliament’s intention in passing the act as well as the mischief the act was intended to correct, t law should be interpreted in manner that covers the mischief. The…

Does the new constitutional dispensation warrant a shift in approach to judicial review on the ground of errors of law from the common law approach? If so why and in what way? If not, why? The new constitutional dispensation warrants a shift in the approach to judicial review on the ground of errors of law from the common law approach. This essay will argue that the shift has already occurred, but it is not a case of leaving the old ways of doing things in the past. By exploring the evolution…

conclusions on a legal scholar named Glen Reynolds. Reynolds compared nullification to prosecutorial discretion to pursue charges against an individual or not. The main aspect he points out is that when citizens with no legal experience or training let guilty people go free, they are looked upon with suspicion. However, when the prosecution does the exact same, then it is seen as mere execution of judicial powers. But there is no suggestion why one is better than the other, besides the fact that…