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

Why is judicial discretion important?

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.


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.

How do judges determine jail time?

The law determines a minimum and maximum sentencing range dependent on the crime and the criminal history of the person being sentenced. Prosecutors and defense attorneys make recommendations of where the sentence will be within the legal range and a judge makes the final decision.

What factors does a judge consider when determining sentencing?

When deciding on a sentence, the judge or magistrate will consider things like: your age. the seriousness of the crime. if you have a criminal record.

What are judges not allowed to do?

A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment.

What might a judge do if he or she determines that a probation violation has occurred?

During which part of the criminal justice process is the judge most visible? … What might a judge do if he/she determines that a probation violation has occurred? Revoke probation, Modify the conditions of probation, or extend the probationary time. Which of the following is not a standard condition of probation?

Are judges given too much discretion when it comes to sentencing What are some of the factors a judge looks at when determining an appropriate sentence do you believe the time fit the crime or should the time fit the offender discuss some of the different types of a sentence a judge may order?

Some states have “mandatory” sentences, which limit the judge’s discretion in setting punishment. … 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.

Do judges have discretion?

Judicial discretion refers to a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.

What is abuse of discretion by a judge?

abuse of discretion. 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.

What are the 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)

What sentence is the primary alternative to incarceration?

that alternatives to incarceration (probation, restitution, community service, and/or rehabilitative services) are the most appropriate sentence for nonviolent, non-serious offenders and that prison or jail are appropriate only if these alternatives fail.

Can judges deviate from sentencing guidelines?

While these guidelines do not provide mandatory sentences, most judges do not deviate substantially from their recommended sentencing ranges. However, judges do have the discretion to depart from sentencing guidelines if they are presented with specific mitigating circumstances.