Judges Discreation (1 Viewer)

[teneale99]

hey,
do any of u guys kno wat a simplified role of the judge in according to discreation>
also what are te sources of criminal law? is it common and statute law?

 

[goan_crazy]

discretion u mean
discretion is the power to make different choices
judges can chose the penalty
e.g. community serivce order fine etc.

sources of criminal law are from statute law, common law and teh consitution
your correct with that

hope that helps

 

[Jonathan A]

Discretion is as joe stated the power of the judge (sometimes also given to the other persons of the executive) to make a decision making between alternatives or no alternatives.

A judge can use statute law or common law (precedents).

Where no statute law exists (parliament has not made law), the judge will rely on common law alone.

 

[melsc]

Make sure u'r specific when answering a question about discretion as judges arent the only ones that have discretion... as Jonathon said
Judges have "Judicial Discretion"
If a precent is lower in the court hierachy cant the judge use their discretion whether or not to follow it (they dont have to).

but Other members of the executive such as the police have discretion...and i think some of the bodies in the executive have discretion 2

 

[wrong_turn]

discretion like melsc has said is not only held by judges. but it can also be given by departments who are under delegated legislated bodies.

criminal law comes from customary law, moral, econmic and cutural values as well. however, these values are then reflected into statute law and common law. however, in statute law, it is reflected and motivated by public opinions. common law is basically the judge-made law, otehrwise known as a precedent.