Judicial discretion

supremacy to sign or veto bills enacted by the Congress, even if there’s a possibility of it getting overridden from a veto. Conducting diplomacy with additional nations, the President has the legal right to negotiate and sign treaties. As for the judicial branch, this withholds the obligation of construing the…

system structure based on the federal, state and local law. James Madison in his essay of “The Federalist”, describes the four core elements of the system. There is a separation of powers between the three branches of the legislatives, executives, and judicial offices; there are checks and balances between these branches; there is federalism which is a division of order and responsibilities; lastly “the people” of various levels of government to its citizens. Public Managers are able to create…

over-represented due to a higher rate of offending and recidivism and also largely in part due to the fact that they have a lower rate of referrals to diversionary programs. This is largely due to the discriminatory practices by the police and the judicial…

WITNESS PROCTION IN INDIA- NEED FOR LEGISLATION - Pranjali P Devurkar & Reddy Pawan Kumar INTRODUCTION A witness is an indispensable part of a justice delivery system playing a pivotal role in determining the final outcome of a case. According to Bentham, witnesses are “eyes and ears of justice”. Often these “very” witnesses turn hostile, become untraceable or simply eliminated. In…

Aliran Kesedaran (Aliran) applied for a permit to publish a Bahasa Malaysia version of their magazine called “Seruan Aliran”, but their application was rejected by the Minister without any reason. Aliran brought the matter to the High Court for a judicial review of the Minister absolute right in granting permit, this aspect show that the Minister’s jugdement in favour of Aliran case although the application for the permit according to law. The High Court ruling Harun J noted that although the…

New technological advances provide new options for police and law enforcement agencies, also it presents new challenges. Nowadays a great percentage of population owns some sort of portable recording device, they can range from a simple camera phone with very poor image and sound capacity, to a very sophisticated drone with high pixel camera, magnifying zoom, and global positioning system, but no matter what it is there is always something new and more advanced every day. Police need to keep up…

The most common and considered the most humane method of execution used today is lethal injection. Lethal injection is the act of injecting a lethal drug “cocktail” directly into a person’s circulatory system. In Baze v. Rees (2008), the Supreme Court reviewed the three-drug protocol then used for lethal injection by 30 states. The court ruled that the three-drug cocktail at issue in Baze did not violate an inmates Eighth Amendment prohibition against cruel and unusual punishments. This…

Sean Seller was executed on Febuary 4, 1999 in Oklaholma. He was sentenced to death in prison when he was 16 years old. Douglas Christopher Thomas was executed on January 10,2000. He was sentenced to death in prison when he was 17 years old. This is only 2 off 22 juveniles who were sentenced to death in adult prisons. Today I will be talking about juveniles being sentenced as adults. First I am going to talk about the laws of juvenile transfer and how it all started. Second I will talk about…

Moreover, many states still are implementing the policies that were listed in the bill, once again, going back to the “three strikes” law that is still being practiced today in California as well as the mandatory minimum sentencing that erased Judicial discretion…

imposing on shadow directors the fiduciary duties owed by de jure directors to avoid abuses in relation to the affairs of the company, protect company’s members and avoid the corporate structure to be used as a device for fraud. Legislations and judicial decisions are evolving with the purpose of clarifying the liability of the shadow directors such that it becomes more difficult to escape liability. However, it could be that while trying to enlighten the situation; it might become more complex…