Judicial discretion

The federal court system is quite large today. Despite its current size, the United States Constitution requires only one court but allows Congress to create more as needed. That is the foundation for the current multilevel court structure. In these federal courts, important decisions are made by appointed judges concerning federal legislation and constitutional rights of citizens. Therefore, it is an important duty when officials go through the selection of Justices and Judges. The following…

The Selection of Supreme Court Justices and the Litmus Test The selection and appointment of US Supreme Court judges are important to the management of cases involving the laws of Congress and the Constitution. Therefore, this process is complex. Under the constitution, presidents have the power to “nominate justices, and, in doing so, they have employed several criteria at different times, including professional merit, ideological compatibility, and political support by the president and his…

DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken…

In addition, there are approximately 350 municipal courts operating locally. There are two appellate-level courts: the Supreme Court and Court of Appeals. Judicial Council of Georgia (2015) educates, in criminal matters magistrates hold preliminary hearings, state courts conduct preliminary hearings in criminal cases, and municipal courts handle preliminary hearings. American Bar Association. (n.d.) shares…

adult system if certain criteria are met: age, violent felony, and previous criminal record. The second law is referred to as Judicial-discretion, which allows the juvenile judge to make the decision on whether to keep the case in juvenile court or transfer it into the adult courts. Lastly, there is a law referred to as prosecutorial-discretion. Prosecutorial-discretion revolves around the prosecutor deciding on where he would like to file charges. The prosecutor has the choice of indicting…

own personal discretion to make those kinds of calls. This may initially sound like exactly what the juvenile system needs. After all, flexibility and special circumstances are primary themes in this department. When rules in relation to judge discretion regarding waiving procedures in juvenile court were put into place, concerns of corruption were not put into play. Abuse of this freedom is unfortunately the resulting choice in a disturbing number of proceedings on the judicial level, so…

In the context of international debates about ways to reduce the harms related to the use of illicit drugs and their control ( Stevens , 2012 ) . It has been considerable discussion regarding the negative effects of incarceration and compulsory treatment on illicit drug users in the UK . Obviously, imprisonment has a lots of bad effects on families whose member in prison will lose respect in the community ( Clear, 2009 ) . The second negative impact is related to financial issue especially…

As a result, juvenile justice has been reformed to reflect a fair judicial process. Ultimately, there is a continuum of juvenile justice models that are currently being practiced. Some countries emphasize the need to provide treatment to juvenile delinquents, while other countries emphasize the need to hold these juveniles…

legislative and judicial–along with a system of checks and balances to ensure that no one branch would ever gain too much power. The U.S. Constitution established America’s national government and fundamental laws, while guaranteeing that certain basic rights for its citizens would be established and protected. It was signed on September 17, 1787, by delegates to the Constitutional Convention…

the capacity of legal rules, to determine the outcomes to legal disputes without having recourse to the judge’s political beliefs or sense of fairness. Formalism posits that judicial interpreters can and should be tightly constrained by the objectively determinable meaning of a statute; if unelected judges exercise much discretion in these cases, democratic governance is threatened. Legal-formalist have been severely criticised by, among others, legal realist and critical legal studies…