Judicial discretion

Rapid Adaptability Despite the hundreds of policies passed to ‘regulate’ the bureaucracy, the fact that none of them truly solve the oppression of these agencies shows that there is a lack of interest in making a change. Even further, with these regulations, bureaucracies can still adapt. Since the inception of the government, the economy and political landscape has changed drastically, with new technology shaping the way we live. This technology also influences how bureaucracies operate to…

Proposition 47 was an initiative that was put on the ballot in 2014. California voters supported this initiative overwhelmingly. However, it did not pass without some opposition and there were many legitimate pros and cons. The proposition was established to eliminate some of the overcrowding in California 's penal institutions, and reduce the cost to the taxpayers of housing too many offenders. It was also to redirect some of the saved expenses from the reduction to drug programs, mental…

should prescribe a form of law and the procedure that should be used to form it. This is supported by Lord Bingham’s sub-rule, “questions of legal right and liability should ordinarily be resolved by application of the law and not be the exercise of discretion.” If rule of law was used this way, it could have practical use because it does not prescribe particular content for legal rules, which gives a constitutional system the flexibility to form laws. Professor Raz argues that the rule of law…

secured. By looking at the code of ethics and standards, they share many similarities in that they focus on the overall well-being and safety of the client, protect the athletic professional from unethical behavior, and strive for a high level of discretion between the…

right to free-speech and due-process. Years later, this right to free-speech became problematic, when that free-speech posed possible threats to the well-being of surrounding students and staff. Thus “the judicial expansion of student rights prompted schools to rely less on their judgment and discretion when establishing discipline policies” (Dunn, 2013) promoting an inclination towards zero-tolerance policies. What initiated the plethora of school districts to establish policies of their own…

In the early 1600s, Parens Patriae was the approach that started the foundation of the early Juvenile Justice System. This concept was operated in Chancery Court that referred to the king’s role as the ‘father of the country’ and granted the power of the state to act on behalf of the child and assure protection as would a parent (Gulledge, 2015b). During this time and for many decades, children were treated as if they were adults. They were pushed into the workforce, which limited their…

Most countries have extradition laws. Most countries also have extradition treaties such as Mexico and the United States, as shown above. If two countries have an extradition treaty, they have an agreement to extradite each others wanted fugitives based upon the terms of the treaty; “considered simply as a contract between two independent Governments” (Spears 95). Even when a treaty is not present, extradition will usually be granted if it meets certain conditions regarding how the extradition…

Question one of this essay will seek to show how legislation and morality are not only seen as a false dichotomy, but essential for social cohesion. This will be further expanded to show procedural difference between private and public law with the individual. Question two will seek to show the legal relationship between the citizen and the state through different legal systems. Those systems being statutory and civil legislation with accountability under a duty of care. Laws are sets of…

Much of my time at the Charleston County Public Defender’s Office has been spent with the Family Court lawyers, who work with juveniles. Family Court, unlike General Sessions court for adults, is supposed to be rehabilitative rather than punitive. It attempts to match juveniles and their families with services provided by the state of South Carolina like substance abuse counseling, positive peer groups and Department of Mental Health counselling. The goal is getting these young students back in…

September 11, 2001 was an extremely sad and memorable day in the United States history. A terrorist group attacked major United States cities in a joint effort to destroy our way of life. On that day, 3,000 innocent Americans lost their lives as a result of terrorism. This attack was the first catastrophic terrorist attack on American soil in many years. The Unites States decided to act and went after terrorist organizations abroad and implemented laws in America to defend our freedoms.…