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In addition to these ethical rules, the prosecutors are also bound by other rules in the constitution that govern the conduct of professionalism. The judge in black robes is the only person in the court who is as a symbol of justice. Judges are expected to be neutral, and their decisions should be impartial, knowledgeable and authoritative. The judges guide the relevant people involved in the court and help in maintaining the courts proceedings (de Castro-Rodrigues & Sacau Fontenla, 2013).
There are a number of issues considered problematic in the perceived objectivities of the judge during sentencing. These include disparities during sentencing and extra-legal sentencing disparity shown in unequal punishment of legally similar offenders. It is during the sentencing the judge should be guided by the canons of the judge’s conduct. He or she should uphold and promote independence, minimize any risk of conflict and not engaging himself or herself in any political or activities of the campaign.
From the discussion post, we can conclude that during the sentencing time, the judge is expected to be guided by the criminal history and the current offense level of seriousness in issuing out the appropriate sentencing. This is so to avoid unequal punishment basing on factors that do not relate to law issues (Wooldredge, 2010). Despite this freedom of issuing sentences, some federal guidelines require judges involved in some cases to impose sentences that are specific unless circumstances established are
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Difference in Sentencing by Different Hong Kong Magistrates (A Research Proposal) Name of Student Name of Institution 1. Rationale for the Study In almost all the criminal justice systems, there are two opposing schools of thought: Those who believe that sentencing of similar cases should be uniform and those who believe that sentencing should take an individualized approach.
Many films, television shows, music videos and cartoons have been made to draw a picture of the goings-on in the criminal justice system. While some of the stories shown in the films are based on real life events, others are fictional in nature, but they, nonetheless, provide a concise portray of the society and especially criminal justice in America also around the world.
Sentencing within the criminal justice system serves a number of purposes. First, it serves to punish offenders. It does this by depriving offenders of liberty, property, other rights and freedoms. Secondly, sentencing serves to reduce crime. Third, sentencing allows reparation to the victims of an offense or those otherwise harmed by an offense.
Statistics show that from the 1980s the number of incarcerated people has tripled. Furthermore, the cost that the state incurs on prisons has also risen to more than six times of the expenditure on higher education.
As the report Legal and Ethical Issues declares the government has always been in dilemma on how to balance its power of enforcing criminal law against the rights of individuals because the law of criminal procedure faces various interferences, given that the United States is characterized with a high level of constitutional democracy.
Therefore, on the one hand, as a matter of policy, criminal convicts are usually kept away from the rest of the society to deter repeated criminal behavior and as punishment for their delinquency. On the other hand, keeping behind
The suspect was subsequently charged informally as follows: a) he was denied a lawyer; b) witnesses did not take oath; c) the proceedings were not documented, and; d) sMrs Cook, the complainant, was also absent did not attend key sessions