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Why is judicial discretion important?

Joe Ford

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 benefits and drawbacks of giving judges wide discretion to determine the sentence of individual offenders?

Wide discretion enables the judges to make flexible decisions while deciding on individual offenders. Wide discretion finally reduces prison overcrowding as judges can use alternative sentencing for offenders who committed petty offenses.

What is the difference between sentencing disparities and sentencing discrimination?

Allegations of lawlessness in sentencing reflect concerns about both disparity and discrimination. Although these terms are sometimes used interchangeably, Page 3 they do not mean the same thing. Disparity is a difference in treatment or out- come that does not necessarily result from intentional bias or prejudice.

What are the pros and cons of mandatory minimum sentences?

The Pros of Mandatory Minimum Sentences

  • They can lead to a decrease in serious crime. Up until the 1960s, capital punishment was a mandatory minimum sentence for murder.
  • They stop unjust sentencing practices.
  • They eliminate personal bias from all parties.
  • They protect society for longer time periods.

Can judges deviate from sentencing guidelines?

Federal judges have discretion over the sentences they impose, despite the Guidelines’ mandatory appearance. Congress passed The Sentencing Reform Act of 1984 in response to concerns that federal judges’ sentences tended to be too lenient and vary too much from one locale to another.

Can a judge sentence someone to death?

Generally, the decision of the jury must be unanimous in order to sentence the defendant to death. If the jury cannot unanimously agree on a sentence, the judge can declare the jury deadlocked and impose the lesser sentence of life without parole. In some states, a judge can still impose a death sentence.