Judicial discretion

especially politicians, are concerned with reducing and preventing crime in whatever means possible, especially in recent years. This can be seen through different laws that have been set in place that give significantly harsh punishments and speed up judicial processes. Even though capital punishment can be thought to reduce crime through some research, others contest that capital punishment is not actually benefitting the public. Both the advantages and disadvantages of this issue should not…

The European Investigation Order into Criminal Matters Collecting evidence is at the core of any criminal proceeding. It enables policing authorities to identify potential offenders, helping to demonstrate a perpetrators guilt or innocence. National borders are not a consideration when criminal activity occurs. Criminal cross-border activity investigation requires cooperation between prosecutors, judges and the European Union across the borders. Transnational criminal activity is on the…

putative contract is not at issue. As such, if the court grants the relief requested in Part I, supra, the failure to amend the scheduling order following this Court’s order directing the joinder of the Members does not result in an injustice. 21. Judicial economy would be best served by staying the declaratory judgment proceedings for the reasons articulated in Part I, supra, and denying Defendant’s motion to modify the scheduling…

usually short. The more severe crimes such as murder, highway robbery and arson would more than likely receive the death penalty (Newburn, 2003). Even though these crimes were supposed to receive the death penalty, the sentence issued was under judicial discretion, it was noted by Ignatieff (1978) that in the 1750s, judges in the home circuit changed a third of the death penalty sentences issued to the punishment of transportation instead. This wouldn’t help with the increase and over sentencing…

Opponents may argue that the SHARIA law does in fact pass the Lemon Test. They would say it is in fact secular because it protects the U.S. Constitution, the law has not inhibited Islam or Muslim Americans, and that it limits U.S. entanglement with religion by preventing religious views from being considered in U.S. courts. However, they fail to see how by banning Sharia law, they are forcing the State to engage in religious issues, as shown through Awad v. Ziriax. It is clear that the SHARIA…

requires a well-balanced process for each individual case. With that being said, mandatory sentences are restrictions placed on judges when it comes to what kinds of punishment they can give to people accused of breaking the law. They limit judicial discretion, requiring that people who are convicted of certain crimes must be punished a certain…

High Risk of Reoffending One of the liveliest debates over the United States’ imprisonment system today (as well as the systems of other countries) concerns juvenile offenders. On the one hand, the debate consists of acknowledging that they are children. It is believed that juvenile offenders have not had the chance to fully mold their lives, and are very often merely products of the environments in which they have grown up. On the other hand, it is proven that many juveniles are capable of…

111) states that “Attitudinalists argue that because legal rules governing decision making (e.g., precedent, plain meaning) in the cases that come to the Court do not limit discretion; because the justices need not respond to public opinion, Congress, or the President; and because the Supreme Court is the court of last resort, the justices, unlike their lower court colleagues, may freely implement their personal policy preferences…

Clovis Community College Plagiarism Policy Responsibilities of Members of the Clovis Community Collegeg We, as a community, are responsible for encouraging others to be academically honest. Our faculty holds the responsibility of educating our students about plagiarism. Instructors should teach students about what plagiarism is, ways to avoid it, and what the consequences are when caught plagiarising. Instructors should be checking for signs of plagiarism during grading of the assignments. If…

1. Project EIAs react to development proposals rather than anticipate them; they cannot drive development towards environmentally robust areas or away from environmentally sensitive sites. 2. Project EIAs do not sufficiently consider the overall impacts caused by several projects or even by a particular project’s sub-components or ancillary areas. 3. Small individual activities are harmless, but the impact of those activities can be significant, which cannot addressed by project EIAs. 4. A…