2003 Judicial Discretion: The 2003 Criminal Justice Act

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Discretion can be viewed as the judicial power that allows it to make its legal decisions. The 2003 Criminal Justice Act encourages consistency in judicial judgment as it trusts officials to have competence and wisdom. Judges possess incredible power typically employed through decisions to deny or accept plea bargains, decisions regarding rules of evidence, and decisions about sentencing (Pollock, pg. 5). Discretion has a lot of advantages as it is flexible and combines different facts when responding to a case. However, cases of wrong personal views may affect the outcome of a case negatively through issues such as favoring of the individuals. For example, in the past, there has been a multiplicity of offenses, with many having minimum and

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Alternative Dispute Resolution Essay

reforms and access to justice 1999. Overriding objective in civil procedure rules. Judge can stay proceedings and part 24, 1 lets them adjourn. Family law act 1996 and c and c 2003. With the children act 1987. Arbitration is on a statutory basis and is promoted by civil procedure rules. The act conducts it in a judicial manner. Its voluntary but courts maintain a supervisory role as its open to challenge by judicial review. Section says agreement in writing. Employment protection act 1996 better acas…

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Abolition Of Partial Defence

reducing the criminal culpability from murder to manslaughter. However the evolution of the contemporary criminal justice system has abolished these mandatory punishments in NSW. Furthermore, Judges have been allowed greater discretion in sentencing. These progressions in have stimulated criticism and debate over the true operation and purpose of the NSW partial defences. In particular, the defences of provocation and infanticide have been viewed as unnecessary in the contemporary criminal process, and…

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Do You Agree with the View Expressed in Lord Gardiner’s Practice Statement of 1966 That the English Doctrine of Binding Precedent “Is an Indispensable Foundation on Which to Decide What Is the Law? Essay

In this question I will be defining what the Binding Precedent is and its main principles that are applied in judicial precedent. I will look at the structure of the court system and whether in this structure the courts are being bound by the decision of others higher courts. I will reflect at how far the binding precedent goes to ensure the existence of both certainty and flexibility in common law. I will talk about the advantages and disadvantages that contribute to the doctrine of binding precedent…

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Sentencing In The 20th Century

The most dramatic developments in the Criminal Justice system during the late 20th Century were the revolution of the sentencing system. Known as mandatory minimum sentencing, Congress in 1984 enacted a mechanism that replaced indeterminate sentencing with a determinate federal sentencing. Judicial discretion were now restricted and were instructed to follow a specific guideline when determining sentencing. The judge would impose strict and harsh federal sentencing based off a sentencing table the…

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Literatuire review Essay

culture. Progress has been made in the sense of going from the days of overt acts of racism, to a time where things are facially neutral. Despite all the progress that has been made, due to the deeply rooted history of racism in this country people still make decisions which they base off of their prejudices every day. The following studies and analyses provide insight on minorities’ differential treatment in the judicial system causing severe sentencing disparities. Racial Disparity in Sentencing…

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Essay race and ethnicity in prosecution first edition

PROSECUTION AND RACIAL JUSTICE PROGRAM Do Race and Ethnicity Matter in Prosecution? A Review of Empirical Studies First Edition Besiki Kutateladze Vanessa Lynn Edward Liang Vera Institute of Justice June 2012 © 2012 Vera Institute of Justice. All rights reserved. Additional copies can be obtained from the Communications Department of the Vera Institute of Justice, 233 Broadway, 12th Floor, New York, New York, 10279, (212) 334-1300. An electronic version of this report is available for download…

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Essay about Crim 309 Notes

Valorized the women’s role as a mother Defined many progressive- era politics Became the “watchword of custody law” Child Saving Movement Post industrial Revolution Invited govt. intervention for different forms of youth deviance 1/7/15 Juvenile Justice in the 19th century Focus on citizen-building 1839: first use of patens patriae in the US. Ex Parte rouse The Juvenile Court (1899) First Juvenile court in the Us was in Cook County, IL (1899) Focus on preventative and reformatory strategies Examines…

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A Brief Note On Corrections

years ago is now a prison sentence. But mainly the laws and how people are when just going to Wal-Mart even. Years ago you could go to Wal-Mart and when your child acted up you could give them a whipping right then and their but now when your child acts up and you even raise your voice someone is right there looking at you and ready to call the law or children services its almost like you have to let your kids be brats because you cant discipline them anymore. The existence of constitutional rights…

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Civil Liberties And The War On Terrorism

the same way. The legacy of suppression in times of crisis began early in American history. In 1798, in response to concerns about survival of the country, Congress enacted the Alien and Sedition Acts, which made it a federal crime to make false criticisms of the government or its officials.1 The Sedition Act was used to persecute the government’s critics, and people were jailed for what today would be regarded as the mildest of statements. Within a few years, after the election of 1800, Congress repealed…

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Essay about Legal Studies Notes

BASIC LEGAL NOTIONS o Anarchy, custom, rules, law, fairness, equality + justice, values and ethics Anarchy: The situation that exists in a society that does not have laws or state rule Custom: The collective habits, or traditions, that have been developed by a society over a long period of time Rules: The authoritative regulation of behaviour Fairness: The legitimate and proper conduct in the performance of an act or duty Equality: Suggests that everyone is treated the same. Formal equality…

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