Quick Answer: Should Judges Have More Or Less Discretion When It Comes To Sentencing?

How do you act in front of a judge?

How to Act when Interacting with a JudgeAll Rise for the Honorable Judge.

When you are in court you will hear the bailiff say, “All Rise for the Honorable Judge” and everyone should stand.

Your Honor.

Be an Active Listener.

Let the Judge Speak and Under NO Circumstances Interrupt the Judge.

Use Appropriate Language and Body Language.

Act Professionally..

What are the arguments for and against allowing judges broad discretion in criminal sentencing?

The arguments for the allowing judges to apply broad discretion in criminal sentencing are; -Facilitates the criminal proceedings in the court of law-the criminal proceedings would be facilitated and the procedure more efficient when the judges can apply discretion based on the developments around the criminal case.

What is the most important factor the judge takes into account when sentencing?

For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.

What type of discretion do judges exercise?

Judicial Discretion Definition For centuries courts and commentators alike have wrestled with the concept of judicial discretion. The basic judicial discretion definition is the act of making a choice in the absence of a fixed rule and with regard to what is fair and equitable under the circumstances and the law.

What does discretion mean?

noun. the power or right to decide or act according to one’s own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.

Is it appropriate to write a letter to a judge?

Writing a letter to a judge can be extremely impactful if it is written properly. Whether you are writing as a victim or on behalf of a defendant, it must be written in business-style and in a professional tone in order for the judge to take the letter seriously.

What is an example of discretion?

Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. An example of discretion is not talking about politics at family dinners.

Is it possible to remove discretion?

Police are authorized only to enforce the law; their use of discretion in other areas is not authorized, but the elimination of discretion is neither possible nor desirable.

What does prosecutorial discretion mean?

Prosecutorial discretion is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion.

What does abuse of discretion mean?

n. a polite way of saying a trial judge has made such a bad mistake (“clearly against reason and evidence” or against established law) during a trial or on ruling on a motion that a person did not get a fair trial. A court of appeals will use a finding of this abuse as a reason to reverse the trial court judgment.

Can the judge change the sentence?

As a general rule, once a final judgment has been entered in a criminal case—once the judge has delivered a legally valid sentence—the judge loses the ability to change that sentence unless a specific law gives the court authority to modify it.

What is clearly erroneous?

Under the “clearly erroneous” standard, where a trial court (as opposed to a jury or administrative agency) makes a finding of fact, such as in a bench trial, that finding will not be disturbed unless the appellate court is left with a “definite and firm conviction that a mistake has been committed” by that court.

What does Judge’s discretion mean?

According to my definition, an issue falls within a judge’s discretion if, being governed by no rule of law, its resolution depends on the individual judge’s assessment (within such boundaries as have been laid down) of what it is fair and just to do in the particular case.

What is discretion in the workplace?

When people in a company or organization are responsible for deciding when or how to perform certain tasks or aspects of the work, based on their knowledge and ability to judge, the responsibility for the decision is said to be at their discretion.

Why is judicial discretion important?

Posted February 9, 2016 by Sydney Criminal Lawyers & filed under NSW Courts. Judicial discretion is an important aspect of the sentencing process – applying the same penalty in every case would lead to unfair outcomes because the circumstances of each defendant and offence vary. …