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Sentencing discretion, as the term is used in this entry, exists whenever a participant in the design or operation of the criminal justice system can exercise choice in a way that dictates, places limits upon, or contributes to the sentencing outcome of a particular criminal case or whole categories of cases.
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law.jrank.org/pages/2031/Sentencing-Allocation-Authorit...
law.jrank.org/pages/2031/Sentencing-Allocation-Authority-Definition-sentencing-discretion.html
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The Supreme Court on Monday cleared the way for judges to use their discretion in imposing sentences that deviate from federal sentencing guidelines, ruling that lenient sentences were appropriate in a case involving crack cocaine and another involving Ecstasy.
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www.npr.org/templates/story/story.php?storyId=17103289
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In a pair of key decisions, high court reaffirms that federal sentencing guidelines are merely advisory ... As a result, deviating from the guidelines is not an abuse of judicial discretion, she said. ... Law.com Home > Supreme Court Enhances Judges' Sentencing Discretion...
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www.law.com/jsp/article.jsp?id=1197281074188
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“The cases are the clearest and strongest rulings to date that federal trial judges can exercise their discretion to take their sentencing responsibilities seriously again,” said Carmen D. Hernandez, president of the National Association of Criminal Defense lawyers (NACDL).
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www.nacdl.org/public.nsf/newsreleases/2007mn029?opendoc...
www.nacdl.org/public.nsf/newsreleases/2007mn029?opendocument
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Edit Publication | Edit Contributors | Delete Publication | Edit References | Edit Citations; ... Add to Bookstack | Show Bookstack | Change Bookstack ... Sentences (Criminal procedure); Judicial discretion; Great Britain...
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www.getcited.org/pub/102328490
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On balance, it seems to me that judicial sentencing discretion needs to be cabined, and sentences -- like the definitions of the offenses -- made more matters of the rule of law, rather than of rule by whatever penological theory each particular judge "believes in," or by whatever attitudes the judge has about a...
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volokh.com/posts/1136569730.shtml
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The US Supreme Court Tuesday heard oral arguments in a pair of drug cases that will help clarify how much discretion federal judges have in sentencing under federal sentencing guidelines. When rendered, the court's opinion could impact the tens of thousands of people sentenced in the federal courts each year.
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stopthedrugwar.org/chronicle/504/supreme_court_oral_arg...
stopthedrugwar.org/chronicle/504/supreme_court_oral_arguments_sentencing_guidelines_discretion
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The Paper will examine sentencing discretion in the area of race crimes. ... Coffey, G. and Schweppe, J. , 2007-07-25 "Structuring Judicial Sentencing Discretion in Race Crimes" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>.
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www.allacademic.com/meta/p177401_index.html
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This research studies the impact of changes to federal judicial discretion on criminal sentencing outcomes. The Feeney Amendment to the 2003 PROTECT Act restricted federal judges’ ability to impose sentences outside of the U.S. Sentencing Guidelines and required appellate courts to review downward departures.
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ideas.repec.org/p/pra/mprapa/13880.html
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