Judicial discretion

The United States of American is a civilized society that promotes freedom, justice, and peace. Once as a primitive culture, great injustices where bestowed upon others during times of war and slavery. As a nation, it was recognized that injustice and bias was not the moral standard of this great nation and laws were enacted to protect society. However, as a civilized society the use of capital punishment is still a viable sentence for criminals who perpetrate heinous acts against others…

Mischief rule is the oldest approach among others. Mischief rule is one of the principles used to interpret the statute. This rule is applied by the courts to read through the whole statute in order to seek the truly intention that the law makers have. In other words, the courts will look at the “mischief” that was intended by the legislatures when the words in the statute are not unambiguous and plain. Hence, the purpose of using this rule is to identify the mischief and defect in statute and…

IV. Continuing the Fight for Civil Rights After the Civil Right Movement, there was huge backlash from opposers of policies and norms that were set it. Richard Nixon and Ronald Reagan took advantage of his inherent hate by introducing legislation the war on crime/drugs in order to appease the opposing side. Over the following decades, while the Civil Rights Act protected communities of color from invidious discrimination, the fight for civil rights was not over. In her academic article…

than their continental counterparts. Hence the English legal process adopted the adversarial model where the prosecutor is put at some theoretical disadvantage such as proving a case beyond reasonable doubt. The adversarial system is about limiting judicial power, since the judiciary is seen as an arm of government. According to Bottomley and Bronitt: the passivity of the judge under the system symbolises ‘’the liberal ideals of a neutral and non-interventionist state, of limited government,…

In a split opinion (four-three), ‘the supreme court evaluated ‘standing’, which is the right to obtain judicial review of a challenged action’ (Bass, et al). The Disney Company was attempting to develop and build a ski resort in the Mineral King Valley, within Sequoia National Forest. They obtained a 30 years lease from the US Forest Service (USFS). The State…

Supreme Court is in place in order to have the last word over civil matters arising from the lower courts in the state of Texas. The Texas Supreme court was created by the Republic of Texas’s Constitution in 1840. The court has the ability to use discretion to choose which cases, however, it has to review cases over writs of mandamus…

notorious for racial discrimination. With America having just 5% of the world’s population, it also houses 25% of the world’s prison population, and out of that 25%, a significant portion of that population are African Americans. The United States judicial system has been able to maintain America’s economic and social hierarchy by targeting African Americans. Structural racism and mass incarceration have deemed African Americans as second-class citizens by robbing them of fundamental citizen…

occurred by a black man was considered a capital crime, while the same offence committed by a white man implemented a punishment of between two and 20 years incarceration. The rape of a black woman was just punishable by fine or incarceration, at the discretion of the…

Marbury v Madison (1803), was the first instance of increase of power, when Chief Justice John Marshall first implemented judicial review, a doctrine where the judicial branch examines the constitutionality of actions taken by the legislative and executive branches. With the passage of the 14th Amendment, judicial power was again substantially augmented with the implementation of three key clauses: the Privileges and Immunities, Due Process,and the Equal Protection clauses. Since the passage of…

As Anthony (2013) has noted, the common law requires the judges to consider all alternative factors before sentencing. The judicial discretion would therefore be varied according to the situation and offender. In relation to indigenous people however, Anthony (2013) further indicates that indigenous factors are considered only “when the offender is a member of an Indigenous community…