CHECK THESE SAMPLES OF Judicial Discretion and Prosecutorial Discretion
Part 1 I believe judges and prosecutors should have discretion in decision making of whatever case that will or will not be tried to ensure fairness.... constitution, the prosecutor has virtually un-reviewable power to charge and should exercise it in utmost discretion.... Allowing judges and prosecutors to exercise discretion in their decision making ensures independence of the judicial system.... If citizens can learn to respect each other, then discretion can promote civil liberty in the society....
6 Pages
(1500 words)
Essay
This essay "Racial Disparity In Sentencing" concentrates on racial disparity in sentencing in courtrooms today is a very real issue and needs be addressed with measures that will fundamentally change the judicial system and the structure of sentencing in such a way that racial disparity in sentencing can be eliminated.... If one has to eliminate racial disparity in sentencing one has to change the fundamentals and this necessitates a focused effort from all those who are involved in the judicial process of sentencing....
7 Pages
(1750 words)
Essay
The variable prosecutorial discretion makes disparity possible.... There are three factors shaping prosecutorial discretion: legal, extralegal, and resource issues.... The offender's verdict greatly depends on prosecutorial discretion.... Moreover, this paper identifies the most important factor of prosecutorial discretion.... There are three chief divisions of factors influencing prosecutorial discretion: (1) legal issue, (2) extralegal issue, and (3) resources issue (Siegel, 2008)....
10 Pages
(2500 words)
Term Paper
This research paper "prosecutorial Misconduct" focuses on prosecutorial misconduct that arises when the prosecutor fails to adhere to the standard codes of conduct when accusing the suspects.... prosecutorial misconduct is relevant to a criminal justice system.... prosecutorial misconduct has been witnessed in many cases where the suspects who are innocent serve sentences in prison whereas the guilty ones are left free....
6 Pages
(1500 words)
Research Paper
andatory sentencing shifts sentencing discretion from a judge to the prosecutor, leaving a judge with no option but to impose a judgment based on what the law requires.... andatory sentencing is a setting where court decision to make some judicial judgment is limited by the law.... The 'one size fit all' rule that is used in cases of mandatory sentencing should be reversed to ensure each crime is dealt with individually as the basis of ensuring fairness in the judicial process....
2 Pages
(500 words)
Assignment
This paper hypothesizes that in view of the individual nature of each case involved and in cognizance with the existing legal framework, the prevailing ambiguities that restrict judicial discretion has led to the citizens being denied their right to the rule of law.... When recent research on the topic is taken as a whole, it can be seen that the majority of studies have stressed the need for judicial discretion to be given an upper hand over police and administrative discretion....
13 Pages
(3250 words)
Research Paper
The prosecutor apologized after the dismissal, admitting to having made errors of judgment that primarily direct prosecutorial discretion (Schmalleger, 2011).... In terms of protection of the prosecutor by the justice system in their exercise of prosecutorial discretion, the prosecutors enjoy some form of immunity against liability.... The perfect example of a case of prosecutorial misconduct involves abuse of the prosecutorial power of discretion, where failure is witnessed in exercising authority to determine which offenses to be brought before the justice system....
5 Pages
(1250 words)
Essay
rior to defining discretion and due process, I wish to commence this part by defining the ethical concepts.... When an officer abuses his or her discretion, he or she is likely to defeat the due process of law which is a consequence of unethical and immoral conduct....
13 Pages
(3250 words)
Research Paper