GOP presidential candidate on Tuesday's debate and latest polls Dec 14, 2007
I looked to see whether there was some kind of misconduct or misapplication of judicial discretion or prosecutorial discretion. If those things existed, or of course, if subsequence evidence showed somebody was wrong, then that's something I would have considered. (Fox News)
Sentencing rules blow for fairness Dec 13, 2007
Because the Supreme Court has restored judicial discretion to many aspects of sentencing, judges across the country will be able to determine each sentence application on its own merit, and according to the circumstances of each crime. That is just how the system should work. (Scranton Times, PA)
Sentencing guideline ruling will help federal judges Dec 13, 2007
Given the unconscionably long sentences the guidelines mandate for some first-time drug offenders -- 55 years in one notable case -- a little judicial discretion would seem in order. Certainly, that's the thinking behind this high court decision. (Longview Daily News, WA)
Letting the judges pronounce sentence Dec 12, 2007
The two decisions go a long way toward restoring judicial discretion and flexibility and recognize that uniformity in applying the law is not the same as one-size-fits-all. (Distributed by Scripps Howard News Service, http://www. (Scripps Howard News Wire)
Judges given leeway to be lenient Dec 12, 2007
The Supreme Court today broadened judicial discretion in two separate cases, including one focused on prison terms for crack cocaine offenses. Conversation guidelines: USA TODAY welcomes your thoughts, stories and information related to this article. (USA Today)
Judges get leeway on crack sentences Dec 12, 2007
Writing for the majority, Justice Ruth Bader Ginsburg took a practical approach, saying it is important to preserve judicial discretion, while ensuring most sentences remain within federal guidelines established two decades ago to ensure a measure of uniformity. Ginsburg said a federal judge was right to give a crack offender a lesser prison term than the guidelines called for, since federal law "mandates only maximum and minimum sentences," she wrote. (CNN -- Law)
Shorter crack cocaine jail terms OK'd Dec 11, 2007
WASHINGTON - The Supreme Court on Monday said judges may impose shorter prison terms for crack cocaine crimes, enhancing judicial discretion to reduce the disparity between sentences for crack and cocaine powder ... In a separate sentencing case that did not involve crack cocaine, the court also ruled in favor of judicial discretion to impose more lenient sentences than federal guidelines recommend. (MSNBC -- Crime)
two far-reaching sentencing decisions Dec 11, 2007
As a result, deviating from the guidelines is not an abuse of judicial discretion, she said. Justices Clarence Thomas and Samuel Alito Jr. dissented, arguing that the guidelines deserved more consideration than the majority would give them. (Law.com Newswire)
Let judges judge Dec 11, 2007
That's not the case when it comes to judicial discretion and defendant rights. This article appeared on page C - 6 of the San Francisco Chronicle. (San Francisco Chronicle -- Opinion)
A fairer approach to teen sex sentencing Nov 29, 2007
On Monday, Henry County District Attorney Tommy Floyd and Superior Court Judge Arch McGarity exercised their judicial discretion and gave Widner a chance to plead to lesser charges to get out of jail. The girl with whom Widner had sex in 2002 approved the plea offer, as did her mother. (Atlanta Journal-Constitution)
Safer from sex crimes Nov 16, 2007
Sentencing guidelines that have languished for years in the Legislature offer a chance to retain leverage for prosecutors, preserve judicial discretion, and increase penalties for some perpetrators. Under the guidelines, for example, a first offense for rape of a child under 16 with force would bring a sentence recommendation of 8 to 12 years. (Boston Globe)
Sentencing discretion of judges at heart of test case Nov 13, 2007
"Parliament wanted the sentence to be certain in type - incarceration - and length (at least four years). The availability of individual exemptions in the context of mandatory minimum sentences defeats both of Parliament's objectives. Further, it does so by the very means - judicial discretion - that Parliament wished to constrain.". If the court ultimately decides that it would be too cruel to impose the mandatory four-year sentence on Constable Ferguson, it will likely infuriate federal and... (Globe and Mail -- National)
Anane wins at Supreme Court Oct 31, 2007
" Only one of the writs sought was granted. Essentially, the one granted does not in any material way disturb Dr Anane, since the findings of CHRAJ in relation to the subject of complaint have been quashed by CHRAJs immediate supervisory court, the High Court. And, since that High Court decision remains standing, Dr Anane is in essence free of any adverse findings. An order of certiorari is given by a senior court to quash a decision of a lower court or other tribunal, such as CHRAJ. The effect... (Ghana Web, Ghana)
Sentencing laws revisited Oct 2, 2007
But two years later, judges are still struggling to divine how much judicial discretion the high court packed into the word "advisory.". On Tuesday, the Supreme Court takes up two cases that could bring clarity to the now murky federal sentencing system. (Christian Science Monitor)
Stiff penalty sought for invading homes Sep 26, 2007
"The proposed legislation addresses two of the most important concerns expressed by our constituents. It adds home invasion to Class 'A' felonies and provides greater certainty of punishment and maintains some judicial discretion." Currently, state law classifies burglary of an occupied home as a "Class C" felony. The legislation that the two lawmakers are proposing would create a new classification "occupied home invasion" which would be punishable as a "Class A" felony. (New Haven Register, CT)
• `3 Strikes' Measure Called Costly Sep 11, 2007
Republicans last week called for a "strong three strikes law that eliminates judicial discretion and requires life imprisonment for a third serious felony conviction, keeping career criminals in jail and out of our neighborhoods." Previously, they had called for an examination of parole standards. Joshua Komisarjevsky, 26, and Steven Hayes, 44, were free on parole when they were arrested fleeing the home of Dr. William Petit Jr. of Cheshire. (FOX61, CT)
Language:Redact this, and the meme 9/11 Sep 9, 2007
How do we handle the demands of government secrecy or the need for judicial discretion to conceal passages of text that ordinary mortals are not allowed to read. Cross out doesn't do it because you can often hold up crossed-out copy to the light and make out what it says; besides, pencils and typewriters are going the way of sharpened quills. (International Herald Tribune -- Ed/Op)
Kpoh, Salifu go on appeal Aug 21, 2007
In a notice of appeal, the plaintiffs said in the whole decision dismissing the plaintiffs' application for interlocutory injunction, the court erred and thus the decision amounted to an improper exercise of the court's judicial discretion. "The learned judge erred in restraining the second plaintiff from an office to which he had been duly elected in accordance with the constitution of the ICU, thereby disrupting the administration of the elected offices of the ICU.". (Ghana Web, Ghana)
Lawman's Slaying Spurs Analysis Of Bail Decision Aug 18, 2007
They are presumed innocent. " Other Cases Examined Transcripts were made available Friday for two other cases where Lopez set bail for defendants with violent histories. In December, while Richard Alton Morse Jr. was serving probation for stealing a purse from a car, he was arrested and charged with aggravated assault. The new arrest violated his probation. By Jan. 26, prosecutors still had not filed formal charges against Morse. They were having a difficult time finding a homeless witness.... (Tampa Bay Online, FL -- News)
Prisons facing fresh overcrowding crisis Aug 15, 2007
" Last week, the prison population rose by 389. If this trend continues, ministers may be forced into the politically humiliating position of having to extend the early release scheme. Opposition MPs have accused the Government of failing to plan properly for the rising population by building more jails. But Mrs Lyon said the answer was to send fewer people to prison. "The only way out is to take a more sensible, effective approach to crime and punishment," she added. "This means reserving... (Telegraph.co.uk)
Prison numbers set to soar again Aug 15, 2007
"This means reserving prison for serious and violent offenders, adjusting the sentencing framework to allow for proper judicial discretion, cutting any unnecessary recalls and remands, making sure that petty offenders do enforced community work and diverting the mentally ill and addicts into treatment.". Copyright (c) Press Association Ltd. 2007, All Rights Reserved. (Guardian Unlimited -- UK)
Prison population set to hit new record Aug 15, 2007
"With the government's planned prison building programme years away, there is no time for it to build its way out of a renewed crisis before the autumn. The only way out is to take a more sensible, effective approach to crime and punishment."This means reserving prison for serious and violent offenders, adjusting the sentencing framework to allow for proper judicial discretion, cutting any unnecessary recalls and remands, making sure that petty offenders do enforced community work and diverting... (Guardian Unlimited -- UK)
Excerpts from recent editorials in Iowa newspapers Jul 24, 2007
Revisit mandatory minimum sentencing and restore judicial discretion. Set standards for indigent defense that ensure quality representation for all defendants. (Muscatine Journal, IO)
Prosecutors Gone Wild Jul 22, 2007
In this case we see an example of a law with a very high minimum sentence and no room for judicial discretion. It goes hand in hand with things like 'three strikes' laws which can send you to jail for relatively minor offenses which happen to qualify as felonies because a legislator wanted to convince voters he was a law and order hardass. (Blogcritics.org)
Philippines casts a wide new terror net Jul 18, 2007
In a March statement, Scheinin said, "The strict application of a penalty of 40 years' imprisonment undermines judicial discretion in individual cases and may result in a disproportionate punishment due to the broad definition of terrorist acts.". He also called on Congress to reconsider the anti-terror law, saying many provisions are "not in accordance with international human-rights standards". (Asia Times Online)
Parkers beware: Long Beach fines double Jul 1, 2007
At its May 1 meeting, the council set a new fine schedule, including the $60 minimum, then voted May 29 to rescind its own law after Tepper objected to the loss of his judicial discretion and threatened to dump the cost of processing the tickets, done by his state-funded court staff, onto the city. After the legislative-judicial dust settled, Tangney, commanding officer of the traffic division, sat down with Tepper, as he does every May or June, to discuss the contents of the 15,000 parking... (Newsday -- Long Island)
Roses 'N' Razzies Jun 22, 2007
RASPBERRIES to a legal decision that is elegant in its simple logic, but probably violates all kinds of rules about judicial discretion. It sure sounded like unusual punishment. (Corvallis Gazette Times, OR)
How was Conrad Black's jury selected? Jun 18, 2007
However, there is wide-ranging judicial discretion that allows judges to increase the number of strikes if there are multiple defendants, if the case is complex, whether it is a criminal or civil case and if a trial is expected to last more than a few weeks. In the case of Conrad Black, Peter Atkinson, Jack Boultbee and Mark Kipnis, U.S. federal court judge Amy St. Eve granted a total of 18 strikes to the four defendants and 16 to the prosecution. (Ottawa Citizen (subscription))
Gibbons Signs Anti-Meth Bill, Limits Sales of Medicines Jun 15, 2007
AB510, which expands good-time credits for offenders and allows more judicial discretion on enhancement penalties. SB238, which creates the "empowerment" schools program agreed to by the governor and lawmakers. (KLAS-TV.com, NV)
Serious Crime, Serious Punishment Jun 7, 2007
Next, the issue was whether he ought to use judicial discretion and cut Libby any slack. Fitzgerald argued that Walton's sentence should "make a clear statement that truth matters." He noted that Libby had lied persistently during the leak investigation and had subsequently displayed no contrition. (CBS News)
Long Beach parking law dies May 31, 2007
The judge said in a letter to council members that a minimum fine stripped him of judicial discretion, although council members said at the time that another section of the law explicitly empowered the judge to reduce any fine. It was passed in part because of the lack of parking on the congested West End of Long Beach, where summer beach-goers routinely park in local driveways. (Newsday -- Long Island)
A devastating link: prisoner rape, the war on drugs in the U.S. May 16, 2007
With laws requiring longer sentences for drug offenses and less judicial discretion for leniency, the war on drugs has had a profound impact - just not the impact that was intended. Instead of resolving the problems of drug use and drug addiction, these policies have resulted in a mushrooming of the inmate population, which in turn has contributed to the problem of rampant sexual abuse in prisons and jails. (The Clarion-Ledger)
Supreme Court hears secret extradition case Apr 25, 2007
There is no evidence that leaving this to judicial discretion. has negatively affected informers' willingness to assist police investigations. (Globe and Mail)
Tories consider softening gun bill Apr 17, 2007
The committee amended the bill to favour judicial discretion, which makes mandatory minimum sentencing subject to the decision of a judge and runs counter to the spirit of the initial proposal. Now, sources say the Tories are looking to reintroduce the bill in its original state, while reducing the mandatory minimum for a third and any subsequent offence to seven years. (Globe and Mail -- National)
Saturday talk Mar 31, 2007
Come on senator, use some judicial discretion ... That is why there has to be some judicial discretion in any case. (Atlanta Journal-Constitution -- Opinion)
Court denies appeal for new trial Mar 21, 2007
The appellate court disagreed, saying the decision to admit such evidence involved no abuse of judicial discretion. Hunt further argued that jurors should have been permitted to drop the intent-to-kill clause from the charges against him, which would have lessened his punishment. (Herald Sun)
The best hope for preserving judicial discretion Mar 9, 2007
The hope is that by providing appellate review of sentences at the request of either the prosecutor or the defendant, it will forestall further unnecessary legislative instrusions into judicial discretion in sentencing. That discretion is essential to justice. (Boston Globe)
Saturation TV imperils the right to a fair trial Mar 9, 2007
Today's Globe Local Politics Opinion Magazine Education NECN Special reports Obituaries. Television exposure of the total pretrial proceedings in the O.J. Simpson case is destructive of the delicate balance that is necessary to a fair trial. (Boston Globe)
£48m divorce appeal highlights confusion Mar 5, 2007
"Are they, in the end, likely to produce a less fair result than any other unscientific exercise of judicial discretion?" asked the judge. Sandra Davis, head of the family law department at Mishcon de Reya, which acts for Heather Mills in her divorce from Sir Paul McCartney, said: "You can understand why there is an urgency for prenuptial contracts to be enshrined in legislation."These sorts of awards can only have a negative impact on the way society functions. (Guardian Unlimited -- UK)
Circuit Judge's Discretion Is On Trial Feb 22, 2007
" He said that calculation would probably change if formal charges were filed. The state attorney's office motion indicates that it has recused itself from handling any of the cases involving the Lakeland police officers. Prosecutors also tried informally to persuade Roberts to withdraw, the motion said. Roberts was assigned on Jan. 1, 2006, to handle all first-degree murder cases in the 10th circuit. The tension between prosecutors and the judge, however, far predates the recent personal... (Tampa Bay Online, FL -- News)
Wyoming could be role model for rape case policy Feb 6, 2007
Current Wyoming law calls for judicial discretion, which means it s up to a judge to decide what parts of a rape victim s sexual past can be discussed in the courtroom. Judicial discretion is a scenario in which a woman bringing a rape case is rolling the dice as to how much information about herself and her sexual past will be brought into trial, Justine Andronici, legal adviser for the Feminist Majority, said. (Gillette News-Record, WY)
- John Halliday Feb 6, 2007
To change this trend, we do not need more "messages" from ministers or senior judges, but a more formal, open understanding between government and an independent sentencing authority about the guidelines within which judicial discretion in sentencing is to be used, and their expected impact on the size of the prison population. The nearest thing to an independent sentencing authority in England and Wales is the Sentencing Guidelines Council (SGC). (Guardian Unlimited)
Roses & raspberries Feb 3, 2007
The result has been to strip practically every bit of judicial discretion from the people we put in charge of meting out justice. The Supreme Court overruled the California law that gave judges three options of sentences for a crime and judges picked from Column A, B or C, depending on whether there were mitigating or aggravating circumstances. (North County Times)
My solution to the crisis in our prisons Jan 29, 2007
But in the absence of legislation that interferes with judicial discretion, the judge has a discretion whether to pass a custodial or non-custodial sentence and, if the former, the length of sentence. In these circumstances the judge can perfectly properly take into account the present crisis. (TimesOnline)
Court rejects Calif. sentencing law Jan 23, 2007
Expands view on restricting judicial discretion ... Kennedy and Breyer have always opposed the court's resistance to allowing judicial discretion. (Boston Globe)
State will be forced to revamp sentencing Jan 23, 2007
Under the system, a standard prison term is imposed for every crime, but judges have the discretion to either lower or raise it, depending on "aggravating circumstances." It's that bit of judicial discretion that the Supreme Court invalidated, declaring that judges are being allowed to consider evidence that was not presented to a jury, violating the constitutional right to trial by jury ... It could merely remove all judicial discretion on sentences but with prisons overcrowded, with federal... (Fresno Bee -- Local)
Court strikes down judges' sentencing ... (Jerry Seper) Jan 23, 2007
But Justice Kennedy wrote that as dissenting opinions have suggested before, the Constitution "ought not to be interpreted to strike down all aspects of sentencing systems that grant judicial discretion with some legislative direction and control." "Judges and legislators must have the capacity to develop consistent standards, standards that individual juries empaneled for only a short time cannot elaborate in any permanent way," he said in a dissenting opinion. "Judges and sentencing officials... (Washington Times, DC)
Judge Plans Double Appeal Dec 9, 2006
They argue, as they did during the disciplinary hearings, that holding up release of the ruling barring wholesale access to certain court dockets was an act of judicial discretion over which the council has no purview. Sullivan resigned as chief justice April 15 and assumed senior justice status. (FOX61, CT)
Dad dies, but his sons' evils go on Dec 3, 2006
On Friday, in yet another matter involving this family of liars, the Court of Criminal Appeal, in a judgement led by the Chief Justice, Jim Spigelman, dismissed an application on behalf of the Herald to lift the suppression order protecting the names of the convicted gang rapists, MSK, MAK, MMK and MRK. The law mandated suppression because MMK and MRK were 16 and 17 at the time of the offences, but does allow judicial discretion at the time of sentencing. The appeals court said its hands were... (Sydney Morning Herald -- Opinion)
Paternoster completes judicial-college course Dec 2, 2006
After attending this course, participants are able to manage their courtrooms and individual cases, including cases involving pro se litigants; conduct jury and non-jury trials more effectively; summarize and apply developments in criminal law and procedure, family law, judicial discretion, judicial ethics and sentencing; rule on evidence more confidently; make fair and unbiased decisions; and interact with the media in a positive manner. The communication and listening skills learned in this... (Raton Range, AL)
Officials could revise bail-bonding policies Nov 26, 2006
Even if we revise the numbers, judicial discretion will remain. ". (Herald Sun)
The United Church of Canada Says Bill C-9 Handcuffs Judges Nov 15, 2006
"If judicial discretion is removed and sentencing reduced to incarceration, the only sector to benefit is the penal industry. Justice is not served by construction of correctional empires or by automatic, simplistic responses. Separated communities are not safer communities.". For further information: or to arrange media interviews, please contact: Mary-Frances Denis, Communications Officer, The United Church of Canada, (416) 231-7680 ext. (Canada Newswire)
Lawyers 'can wear veils in court' Nov 10, 2006
"If a judge or other party to the proceedings is unable to hear the representative clearly then the interests of justice are not served and other arrangements will need to be made. "Such arrangements will vary from case to case, subject to judicial discretion and the interests of all parties. " The guidance applies to all courts. Lord Chief Justice Lord Phillips of Worth Matravers said he had asked the equal treatment advisory committee of the Judicial Studies Board to develop detailed guidance... (BBC News -- UK)
Salary even after dismissal Nov 9, 2006
NEW DELHI: SC has pointed out how erroneous exercise of judicial discretion allowed a temporary worker, though dismissed after 88 days, to draw salary for 20 years. It was in 1982 that one Mahatma Mishra was employed by SBI as temporary messenger in its Kanpur branch. (India Times, India)
Leader: The new Man in Black Nov 8, 2006
Restoring judicial discretion is welcome, although it represents a departure from government policy of recent years. But, unless the spin has been misleading, the extra discretion will operate in only one direction: longer sentences. (Guardian Unlimited)
Witness: Sanctions `Illegal' Oct 21, 2006
Both Keefe and Rutgers University School of Law professor John Leubsdorf, testifying on Sullivan's behalf, relied heavily on the absence of any rules prohibiting a delay in the release of rulings, and were steadfast in maintaining Sullivan's conduct was an act of judicial discretion beyond the scope of review by the council. Sullivan, who resigned as chief justice effective April 15 to take senior justice status, has admitted he held up release of a ruling limiting public access to certain court... (FOX61, CT)
Brief Encounter: David Blunkett Oct 9, 2006
It abolished jury trials in complex fraud trials and the ancient double jeopardy rule, it made hearsay evidence and evidence of previous convictions the norm rather than the exception and it curtailed judicial discretion in sentencing in serious cases by bringing in minimum sentences and mandatory life or indeterminate sentences for second time dangerous offenders. His time as home secretary was marked by an unprecedented series of run-ins with the judges both in the press and in the courts. (Guardian Unlimited)
Two held in bookstore shooting Oct 5, 2006
Hayes said the federal sentencing guidelines do not allow as much "judicial discretion.". amanda_tinnin@thetelegraph. (Alton Telegraph, IL)
Overhaul to remove drink as murder defence Oct 3, 2006
Sharon Payne, chief executive of the North Australian Aboriginal Justice Agency, said the changes were a step back to mandatory sentencing by removing judicial discretion. "We've already had a 20 per cent increase in Aboriginal people in prison since the beginning of the year," she said. (The Australian)
Scotus Cases Oct 1, 2006
PRISON SENTENCES: Challenges to prison terms in the wake of recent Supreme Court rulings that limited judicial discretion in sentencing (Cunningham v. California, 05-6551, Burton v. Waddington, 05-9222). PUNITIVE DAMAGES: Philip Morris USA's appeal of an $80 million punitive damage award to the family of a longtime smoker in Oregon (Philip Morris USA v. Williams, 05-1256). (Atlanta Journal-Constitution -- World)
Scalia Begins Third Decade on Court Sep 30, 2006
David Garrow, a Supreme Court historian at Cambridge University, agreed that while the court is likely to shift to the right overall, "Scalia may find himself with a new conservative chief justice who agrees with him in the abstract but as a matter of judicial discretion and judicial philosophy believes the court should always pull its punches rather than go to the mat.". Scalia, along with other justices, will have to pay particular attention to Anthony Kennedy, who has emerged as the court's... (Atlanta Journal-Constitution -- World)
Culver, Nussle differ on new prison plans Sep 23, 2006
"We cannot allow judicial discretion to get in the way of dangerous criminals receiving a just sentence.". Culver said he was concerned about race-based inequities in the courts. (Muscatine Journal, IO)
Scottish courts may be offered guidelines on punishments Sep 20, 2006
We cannot have such political criteria interfering with judicial discretion. " Kenny McAskill, the SNP's justice spokesman, gave the report cautious backing. "These are sensible recommendations. (Scotsman)
Former chief justice to appear before disciplinary board Sep 6, 2006
Sullivan has asked the Judicial Review Council to dismiss the charges, claiming that "the ability to place a hold on a decision exists entirely as an act of judicial discretion.". His testimony Wednesday would be his first public comments since Zarella flap surfaced. (Newsday -- State)
Sullivan To Testify At Hearing Aug 31, 2006
Sheehy, however, would not elaborate on Sullivan's contention that his conduct amounted to an act of judicial discretion, and that the Judicial Review Council has no authority to second-guess his actions ... Sullivan recently filed a motion with the review council to dismiss the charges, claiming that "the ability to place a hold on a decision exists entirely as an act of judicial discretion.". (FOX61, CT)
