Judicial discretion

which keeps police from illegally obtaining evidence and serves as a recourse for individuals who were subjected to illegal searches and seizures. Thus, the exclusionary rule does not allow for illegal evidence to be used in court which protects judicial integrity. This article is useful to my research because it highlights the argument in favor of the exclusionary rule by providing evidence for its case. Fourth amendment-exclusionary rule - ninth circuit suppresses evidence based on violation…

The research attempts to ascertain the impact that mandatory minimum sentencing guidelines have had on the criminal justice system as a whole in the United States. With its advent, mandatory minimum sentences have arguably had an economic impact on the justice system, particularly in corrections systems. Due to the fact that there are now more people being incarcerated for longer periods because of these sentencing guidelines, prisons are bearing an increasing cost for housing these inmates.…

evidence is presented. If a judge who is found to be engage in misconduct or wrongdoing then sanctions against the judge will be impose. Any judges found conducting misconduct such as; allowing family, social or political relationships to influence judicial decision-making, conflicts of interest, giving or receiving gifts, bribes, loans or favors. The judges will be removed from the bench, being involuntarily retired or being publicly disciplined. Another recommendation I would suggest is that…

Sentencing can be defined as “the judicial determination of a legal sanction upon a person convicted of an offence. When discussing sentencing in Canada, it is important to mention section 718 of the Criminal Code of Canada. This section outlines the purpose and principles of sentencing. This section states that the fundamental purpose of sentencing… [Is] imposing just sanctions that have one or more of the following objectives: (a) to denounce unlawful conduct; (b) to deter the offender and…

Ideology Unlike the other branches of government, the Constitution is largely silent on judicial qualifications and the nomination process of judicial appointments other than stating that justices should exhibit "good behavior" and are confirmed with the “advice and consent” of the Senate. Thus, tradition largely dictates judicial nominations and the nomination processes that follow. The need for a judicial appointment can occur when a sitting justice dies in office, choses to retire because…

selection must neither systematically eliminate nor underrepresent and subgroups of the population. As recently as fifty years ago the jury was comprised of homogeneous, middle aged, and well educated white men. Some reforms that were made in the judicial and legislative jury selection process. The U.S. supreme court and the congress established the requirement that the pool from which a jury is picked must be a representative cross section of the community.…

the time, they had recognized through their experiences that the state’s legislative branch of government slowly became the most powerful branch. The legislature controlled the actions of both the judicial and executive branches of government. With the power to choose who filled the executive and judicial offices and whether they remained, the legislature had become overpowered. The separation of powers, which was intended as a way to strengthen each of the three governmental bodies and prevent…

Australia is said to be a democracy and seen as being about the people, and fair for all. Thus, separation of powers was formed to make sure that this is the case. Separation of powers puts the institutions of government into three different branches. These branches are: The legislature which make the laws; the executive government put laws into action; and the third brach,the judiciary interprets the laws. Separation of Powers is said to be the cornerstone of fair government. It is supposed to…

This lets legislation respond to judicial rulings, giving parliament the final say and not the judicial branch. Critics state that dialogue in Canada fails in practice because legislatures routinely treat the Supreme Court rulings as the final word. Section 33 only can be used for section 2 and 7-15 in the Charter. Critics also argue that the use of section 33 can imply that the legislatures are trying to override the rights themselves by going against judicial interpretation of the law. It can…

The United States government is comprised of three main branches of government; the executive, legislative and judicial branch. Every branch has a specific function that contributes to the system in its entirety. The executive branch is headed by the President of the United States and implements and enforces laws which are created by the legislative branch. The judicial branch interprets laws and determines their constitutionality. The legislative branch creates laws, a power granted through the…