What is meant by judicial discretion?
What is meant by judicial discretion?
Primary tabs. 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 an example of judicial discretion?
Judges could take into account various mitigating factors (circumstances reducing the degree of blame or fault attributed to the offender) and craft a punishment that most appropriately fit the crime. For example, a first-time petty offender convicted of shoplifting might be sentenced to PAROLE and community service.
What are the major areas of judicial discretion?
What are the two major areas of judicial discretion? Sentencing and interpretation of law.
Do judges have discretion in making law?
truth that judges have some law-making authority: in all possible legal systems, judges decide legally unregulated cases by making new law in the exercise of discretion.
What is judicial discretion Australia?
By Jonathan Dobinson* Judicial discretion is central to dealing with offenders in the Australian criminal justice system. In the context of sentencing, discretion is fundamental to ensuring that a sentence is individualised and proportionate; in other words, that the ‘punishment fits the crime’.
Why is judicial discretion important?
JUDICIAL DISCRETION IS CALLED ESSENTIAL TO ENSURE INDIVIDUAL JUSTICE, BUT FOUR RECOMMENDATIONS ARE MADE TO IMPROVE THE SENTENCING PROCESS. NO LAW CAN COVER ALL THE PECULIARITIES AND MANIFESTATIONS OF MAN’S SOCIAL PROBLEMS. FOR THIS REASON, JUDICIAL DISCRETION IS AN ESSENTIAL PART OF THE JUSTICE SYSTEM.
How do judges exercise discretion?
Discretionary Powers in Evidence Evidence that is presented at trial is subject to the broadest exercise of judicial discretion. Not only do judges determine whether evidence will be allowed or disallowed, but once these determinations are made, cases are rarely overturned based on evidentiary rulings.
Why is judicial discretion important in Australia?
Judicial discretion is central to dealing with offenders in the Australian criminal justice system. In the context of sentencing, discretion is fundamental to ensuring that a sentence is individualised and proportionate; in other words, that the ‘punishment fits the crime’.
Is judicial discretion a good thing?
Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent.
Is judicial discretion good or bad?
The advantage of judicial discretion is that it allows for the consideration of the unique circumstance of each case and apply the legal provisions according to these guidelines. However, judgments can be biased and too varied in cases that appear to share similar magnitude due to variations in judge perceptions.
Do judges have unlimited discretion?
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it.
What are the disadvantages of judicial discretion?
The allowances provided by the law to practice discretion mean that personal opinions are usually injected in the making of judgements in the legal system. As such, discretion leads to unpredictability and discrepancies in the issuing of sentences for similar criminal offences.
Is inconsistency in sentencing associated with broad judicial discretion?
Inconsistency in sentencing is commonly associated with the exercise of broad judicial discretion. However, several commentators have disputed this link.
What is the role of the NSW Supreme Court?
The Supreme Court is the highest court in New South Wales, and its judges also rule on state constitutional issues, thereby exercising a degree of judicial review over legislation.
What is discretion in criminal law?
In the context of sentencing, discretion is fundamental to ensuring that a sentence is individualised and proportionate; in other words, that the ‘punishment fits the crime’. There are two ways in which judicial officers assess the factors relevant to determining an offender’s sentence.
Does a Guideline Judgment confine the exercise of discretion?
this court should take particular care when expressing a guideline judgment to ensure that it does not, as a matter of practical effect, impermissibly confine the exercise of discretion.
