Judicial discretion

threat to our society while compensating for those who have fallen victim to crime. A just law can be determined by the degree in which it sustains equality, fairness, rights, access and consistency. By using the legal measures such as legal aid, judicial guidelines, bail and remand which it has at its disposal the CJS aims to uphold a just law system but as we will come to discover the CJS is far from flawless. Australia has no direct right to legal representation and within the…

decision by a judge. For example, in the case against abortion, a staunch Christian who is a judge may have a different ruling from a Judge who does not believe in God. However, within judicial systems, wearing is done using religious books and this shows the extent of religious codes on procedures and sometimes even judicial decisions. A person does not have to subscribe to the judge's religion or moral code so that their case is heard aside from Sharia based courts such as Kadhi's Courts.…

An agency’s judicial review provisions and procedures for adjudication are often laid out in an enabling statute and Congress defines the agency’s actions and determines how their actions may be challenged. The determination of whether it is constitutional for an agency to replace the meaning of the Supreme Court with its own reading of the statute is often questioned. The Supreme Court may apply rules of statutory interpretation to the agency. The statutory interpretation is a process in which…

Charter is a bad thing is based on the legitimacy of judicial review in a democratic society - judges, who are neither elected to their offices nor accountable for their actions, are vested with the power to strike down laws that have been made by the duly elected representatives of the people. judges have a great deal of discretion in "interpreting" the law of the constitution, and the process of interpretation inevitably remakes the constitution…

Ronald Dworkin was a liberalist who believed that there was a correct judicial decision in each case, which is based on principle, not a literalist interpretation of the law. This idea is in direct contradiction to the formalist viewpoint offered by Hart; consequently, Dworkin was focused on the application of the law with the goal of ensuring that a legislatively passed law was indeed a good law. He was also interested in finding the rights of the parties of interest. This is more of a…

eliminated sentencing disparities because they have not eliminated sentencing discretion; they have merely shifted that discretion from judges to prosecutors.[25] Judges may have to impose whatever punishment the law requires, but prosecutors are under no comparable obligation to charge a defendant with violating a law carrying a mandatory minimum penalty.[26] As a practical matter, prosecutors have unreviewable discretion over what charges to bring, including whether to charge a violation of a…

to adult court. “Juveniles may be transferred to criminal via three basic mechanisms: judicial waiver, prosecutorial discretion and statutory exclusion” (Hess, Pg 315). Additionally, discretionary judicial waiver, presumptive waiver, and mandatory judicial waiver are key information as well. 1. Judicial Waiver: “Judicial waiver is a transfer mechanism whereby the juvenile court judge is allowed the discretion to make an individual determination about whether a juvenile who meets statutory…

from custom and judicial precedent rather than statutes. Federal courts, since the creation of the APA,…

the judgments or decisions out. In addition, whereas the constitution clearly defines the powers of the other branches it fails to define the judicial power placing the discretion to determent how the judiciary branch works in the hands of congress. A primary goal of the judiciary branch is to determine if laws and actions are constitutional by way of Judicial review. While this gives them more power it also could lead to another weakness potentially allowing the decisions to be influenced…

A contemporary criminal justice trend that would seem to be at odds with this type of approach is the movement toward determinate sentencing schemes. Many states have now implemented sentencing guidelines that severely restrict the amount of discretion judges have in deciding sentences in individual cases. Consequently, judges are unable (or less able) to take situational and circumstantial factors into consideration. Instead, judges are forced to impose sentences within a limited range that is…