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Definition of Judicial Discretion in the Legal Dictionary - by Free online English dictionary and encyclopedia. What is Judicial Discretion? Meaning of Judicial Discretion as a legal term. What does Judicial Discretion mean in law? ... judicial discretion n. the power of the judge to make decisions on some matters without...
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legal-dictionary.thefreedictionary.com/Judicial+Discret...
legal-dictionary.thefreedictionary.com/Judicial+Discretion
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Most complaints of abuse of judicial discretion, and calls to limit it with more laws, concern questions of policy or equity. But there is another broad category, which concerns constitutional questions of due process and civil rights.
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www.constitution.org/abus/discretion/judicial/judicial_...
www.constitution.org/abus/discretion/judicial/judicial_discretion.htm
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Judicial Discretion and Its Extent ... A very important question that we need to ask is why judicial discretion is necessary. Actually, quite a number of legal philosophers have criticized the concept of judicial discretion. Dicey referred discretion as identical to arbitrariness and a hindrance to the Rule of Law.
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www.jasononline.com/law/evidence.htm
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Downloadable! This paper studies the institutional structure of criminal sentencing, focusing on the interaction between legislatures, which set sentencing ranges ex ante, and judges, who choose actual sentences from within those ranges ex post. ... The key question concerns the optimal degree of judicial discretion,
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ideas.repec.org/p/uct/uconnp/2004-23.html
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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. ... The Supreme Court threw the federal sentencing structure into a sort of judicial chaos when it ruled two years ago in Booker v. US,
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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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Weighing in on the controversy surrounding sentencing disparities for crack and powdered cocaine, the high court said that a judge had the discretion to sentence crack offender Derrick Kimbrough to 15 years in prison rather than the recommended 19 to 22 years.
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www.jointogether.org/news/headlines/inthenews/2007/supr...
www.jointogether.org/news/headlines/inthenews/2007/supreme-court-approves.html
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The Supreme Court opens a back door to judicial discretion ... Although Blakely ostensibly constrains the power of judges, the upshot over the short term may be more judicial discretion.
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www.reason.com/news/show/35773.html
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On appeal a higher court will usually accept and confirm decisions of trial judges when exercising permitted discretion, unless capricious, showing a pattern of bias, or exercising discretion beyond his/her authority...
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dictionary.law.com/Default.aspx?selected=1063
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