Judicial discretion

and administrative laws written by OSHA, some incomprehensible and ridiculous, for which I had to verify compliance and in cases of non compliance, issue the appropriate sanction. The final source of law, equity law, is law that is made at the discretion of a judge, such as a restraining order or…

held: “The law is so much on its guard against the accused being prejudiced by evidence which, though admissible, would probably have a prejudicial influence on the minds of the jury” This exclusionary rule, which went on to be called Christie discretion, was based on this notion of securing a fair trial for the accused and was later synthesised in ss 135 - 137 of the Act. The rationale for this exclusionary rules and the others found within the Act are not questionable or unclear but…

The Debate on the Mandatory Minimum Sentencing Guidelines Brief History During the mid-20th century, the federal court rulings on felonies under the existing laws provided the judges with unlimited discretion, having no clear guidelines on what was to be done. The mandatory minimum punishments for severe federal offenses were outdated and could not be used to in the modern-day trials. Under the 1790 Crimes Act, the minimum sentence for treason, murder, or forgery of government securities was…

(Cullen & Jonson, 2017). Many on the left gave up on rehabilitation because of prisons in the 1960s and 1970s, which suffered from poor conditions and gave almost no hope for treating offenders. Discretion can also take much of the blame, as discrimination in sentencing by judges plagued the system. In total, many correctional officials lacked faith in both the courts and the prisons, and thus concluded it warranted abandonment of rehabilitation.…

Express Powers and Responsibilities of the President Article II of the Constitution spells out the powers and roles of the president as well as the executive branch of the government. The article also gives the limits on such power, and the requirements needed for holding office. The powers vested to the president in the Constitution are referred to as express powers, which are usually official duties. However, the role of the president may extent to entail implied or informal powers. The…

before reaching any final decisions. Therefore, all proposals must be supported by objective analysis, facts, and laws that are binding on the courts with solid evidence. The Administrative agencies' rulemaking discretion need to be in accordance with the enabling ordinances not to risk judicial investigations under 5 U.S.C. § 701(a) (2006) of the APA. The intended statutes need to be published in the Federal Register so the people of interest could examine the…

for their crimes. In the late 19th century, juvenile justice reformers advocated for the creation of a separate judicial system that emphasized rehabilitation rather than punishment, and judicial discretion rather than procedural formality. This movement was driven by concerns that juvenile offenders were different than adult offenders, and might benefit from alternative forms of judicial processing (Tanenhaus 2004, 2002). The juvenile court system spread rapidly throughout the United States.…

There are a lot of things to learn in Political Science. It’s the study in which we learn about the branches of government along with historical context of laws and policies. Three subject areas I found most interesting this semester is pornography, presidential power, and death penalty. In this essay, I will briefly explain the three subject areas, identify one political problem out of the three, and present a solution. When people hear the word pornography, we automatically think of nudity…

conviction of innocent people. What does the prosecutor have to gain by this misconduct? Unfortunately, all too often prosecutors fall under the spell of conviction-seeking no matter what. They become focused on conviction rates. They forgot that their judicial duties are to guard the rights of the accused and protect the…

decide whether the claim is legitimate or not) (SupremeCourt, Metropolitan Life Ins. Co. v. Glenn, 2008) and the conflict must be weighted to determine if there was an actual abuse of this discretion. There is enough evidence to judge the weightage of this abuse. MetLife has asked Glenn to apply for benefits under Social Security Administration (SSA), and the report provided by SSA claims that Glenn satisfies the criteria required under ERISA…