Table of Contents
What is meant by judicial discretion?
The power of the court to take some step, grant a remedy, or admit evidence or not as it thinks fit.
What is an example of discretion in criminal justice?
For example, a traffic violation, the police officer may simply issue a warning. In fact discretion can be found in all stages of the criminal justice system. The victim, has the discretion to use self defense and to report the crime given the opportunity. The jury has discretion over the final verdict.
How is judicial discretion exercised?
Judicial discretion is exercised when a judge is granted a power under either statute or common law that requires the judge to choose between several different, but equally valid, courses of action. It is the power to make a choice between alternative courses of action.
Why is there judicial discretion in sentencing?
The policy of criminal law is to fix a maximum penalty regardless of the nature of the crime, leaving a wide discretion in the matter of the punishment to the judge. This is the primary reason for advocating a sentencing policy or guidelines.
What are two major areas of judicial discretion?
What are the two major areas of judicial discretion?…
- Correctional officers & supervisors (jails & prisons, institutional corrections)
- Probation & parole officers (community corrections)
- Treatment professionals (educators, counselors, psychologists, & others)
Why is judicial discretion good?
The advantage of judicial discretion is that it allows for the consideration of the unique circumstance of each case and apply the legal provisions according to these guidelines. However, judgments can be biased and too varied in cases that appear to share similar magnitude due to variations in judge perceptions.
What is meant by officer discretion?
In the context of policing, discretion means that officers are given some leeway on which they can rely as they make choices that impact the people they are policing. There are some departments that give their officers more discretion.
Is judicial discretion a good thing?
Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent.
What are judicial guidelines?
Guideline judgments are court decisions that give guidance to judges in relation to how they should sentence offenders. One purpose of guideline judgments is to reduce inconsistency in sentencing and help to make sure like cases are treated alike.
What are the 5 principles of sentencing?
There are five general aims or functions or justifications of punishment:
- DETERRENCE. There is a belief that punishment for crime can deter people from offending.
- PROTECTION OF THE PUBLIC.
- SYMBOLIC DENUNCIATION.
What are the major areas of judicial discretion?
How do judges use discretion?
Judges can use this discretion to decide cases, and to make common law (also called case law) rules where no existing rule applies. Judges can also use their discretion to interpret existing laws, as long as their interpretation does not conflict with the plain language of the existing law.
What are example judicial decisions?
Judicial decisions are another form ofpolicies. An example is the U.S. Supreme Court’s ruling in 2000 (by a 5-4 vote) that the FDA cannot regulate tobacco. Another example is the Supreme Court’s decision on January 10,2005, not to hear an appeal filed by six health insurers in a bid to stop a class-action lawsuit brought by more than 600,000 doctors who claim the companies underpaid them for treating patients.
Does a judge have discretion to dismiss a case?
The judge has the power to dismiss a case at any point during the proceedings, before, during, or after a trial, if he is convinced the plaintiff has not, and cannot, prove his case. A dismissal may be made on the judge’s own choosing, or as a result of a motion to dismiss filed by the defendant.