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

Does a judge have any discretion in a court case?

Judicial discretion is granted to the courts out of recognition of each cases individuality, and as such, decisions should be based on the case’s particular circumstances rather than a rigid application of law..

Are judges lenient on first time offenders?

For both types of offenders, the judge or jury will usually incur greater penalties when the victim of the crime suffers injury. … For a first offender, he or she may see some leniency if there was no intent to cause the injury.

What happens if you go to trial and lose?

Your lawyer can tell you what to expect in the event you lose your case based on his experience with that judge and that judge’s reputation. … These judges usually do everything they can to get rid of the case prior to trial. So, if you make them go to trial, and you lose, you might pay the price.

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.

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.

What do judges consider when sentencing?

A spokesman says in deciding what kind of sentence should be given for a particular offence, “courts look firstly at the culpability of the offender and the harm they have caused the victim.” Aggravating and mitigating factors then play a part as do the judgements in any previous similar cases.

What judges want to hear at sentencing?

When deciding what sentence to impose, judges typically consider oral statements made in open court, as well as the probation officer’s written presentence report. The people who most commonly speak at a sentencing hearing are the prosecutors, the defense attorney, the victims, and the defendant.

Do you automatically go to jail for violating probation?

Every violation of probation does not result in a revocation and the defendant going to jail to serve their jail sentence. In fact, more often than not a violation of probation will not result in a defendant being sentenced to serve their full jail sentence.

How do you ask a judge for leniency?

Type the salutation for the letter, such as “Dear Judge Jones,” followed by a colon after the judge’s last name. Type one or two sentences, telling the judge why you are writing, explaining that you are asking for leniency.

What is fundamental error of law?

Fundamental error is a legal term provided by United States Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. … Any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose.

How do you convince a judge to not go to jail?

Tips for Speaking in Front of the JudgeBe yourself. Well, at least be the best version of yourself. … Do not lie, minimize your actions, or make excuses. … Keep your emotions in check. … The judge may ask you when you last used alcohol or drugs. … Be consistent. … The judge may ream you out.

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 does Judge’s discretion mean?

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.

Do judges have discretionary power?

Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. … Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.

What is the role of discretion?

Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns, or it serves as the means by which internal social norms of the criminal justice system prevent the …

What does it mean to use discretion?

1 : care in not attracting attention or letting out private information Use discretion in dealing with the situation. 2 : the power to decide what to do I’ll leave it to your discretion. discretion. noun.

What is discretion law?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

Does writing a letter to a judge help?

To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.

What is the impact on judicial discretion of determinate sentences?

It’s often seen as a “tough on crime” system because of its mandatory minimum sentences. Its proponents claim that it also leads to greater fairness, because when the legislature sets a determinate sentence and judges have little discretion, people who commit very similar crimes receive very similar sentences.

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. …