PLEASE somebody explain to me ! (1 Viewer)

[Lils]

I have not found a single textbook or teacher that will properly define this syllabus dot point for me, can somebody please help me . it's greatly appreciated. cheers.



• judicial discretion and limits in discretion (e.g. judicial guidelines, mandatory sentencing, maximum penalties)

 

[manifestation]

Well you don't really need to define it, you need to understand how to apply the dot point. It's looking at how discretion operates in judicial procedures.

Basically judicial discretion is the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes.
Discretion looks at how personnel involved in the criminal process...judges, police, lawyers etc make decisions.

In reference to your dot point, what your looking at here is sentencing discretion. When a judge or magistrate sentences offenders he/she has to use his/her discretion...basically their sense and see whether or not they are going to follow or apply judicial guidelines, mandatory sentencing, maximum penalties, and this is up to them...basically discretion.

Judges and magistrates have different attitudes towards the various objectives of sentencing and this is reflected in their practice when imposing sentences. The sentencing decision is complicated and a number of factors must be taken into account. These factors include the maximum penalty, guideline judgments and mitigating and aggravating factors.

Guideline judgments outline how the tasks of sentencing for specified offences and circumstances should be approached. Guidelines are intended to be indications only and not intended to be applied to every case as if they were binding. It is up to the magistrate or judge whether they use guidelines as restricting mechanism or simply as a tool to structure discretion.

Ummmm, you can also look at this...this was an essay I wrote to do with the practical operation of the criminal process and enforcing the law....hopefully the link should work. http://www.boredofstudies.org/cours...44_2005_Legal_Studies_Notes_Manifestation.doc

And yeah hope that helps...pm me if you want to ask anything

Good Luck and don't stress

I have an essay I wrote for a uni assignment about sentencing so if you want that...just pm me

 

[TheVoodooChild]

I have NO idea, I'm just as bewildered as you are. But then again, I don't do the subject...

 

[Lils]

Thanks manifestation, it did help ! i would like to have a look at that sentencing essay if you don't mind, i'm also having trouble with the sentencing process lol thanks anyways .

 

[manifestation]

Well this is one essay:

How does the practical operation of the criminal process influence enforcement of the law?

The practical operation of the criminal process influences enforcement of the law through the use of discretion through the various levels of the criminal process. Discretion allows police, judges and other personal to make decisions on how and/or if they are going to enforce the law, and to what extent it is going to be enforced. Police use their discretion when crimes are reported, investigating crimes and when making arrests. For example, if someone reports a crime, police use their discretion to choose how thoroughly they are going to investigate the crime or to investigate the crime at all. Once an investigation is made they can then interrogate and make an arrest. If they choose to make an arrest the police are enforcing the law. During trials, discretion plays a large role in enforcing the law and punishments. In the criminal process, the magistrate or judge can choose to grant bail or deny bail by using his/her discretion. If the judge believes the suspect is of good character the judge will use his/her discretion and grant them bail.

Discretion also plays a large part in the sentencing process. Here the judge uses his/her discretion in handing down a sentence to the offender. The judge hands down a sentence according to the crime, what society wants, what the victim and offender deserve and what the judge believes appropriate. If the judge takes various circumstances into account then he/she is using their discretion.

Discretion is a vital part of our legal system when enforcing the law because without the use of discretion many may never end up in the courts, and because of the use of discretion the legal systems efficiency is also improved, because of the police and magistrates in the local don’t think cases are indictable offences and never end up in the higher courts. Because enforcement agencies, the police and magistrates don’t think they are serious enough. Discrimination is also important because it allows flexibility when enforcing the law. Police choose to issue warnings or to charge. Police can make judgments for themselves on the severity of the offence. Judges are allowed flexibility when hearing and handing down sentences. Because without discretion different circumstances of offences and offenders would not be accounted for to the full extent. When police enforce the law discretion is crucial because it allows police to pick the target trouble spots and prevent crime from happening there.

So therefore discretion is a crucial part of the practical operation of the criminal process and influences enforcement of the law extensively because without discretion justice cannot be achieved to its maximum.