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- Judicial_discretion abstract "Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions.However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ultra vires, and may sometimes be characterized as judicial activism.Chief Justice John Marshall wrote the following on this subject:Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.Concerns with regard to recidivism and other law and order issues have led to the introduction of mandatory sentencing. Eg. three-strikes laws and most sex offender registry laws in US are examples of laws carrying severe consequences, and which does not leave room for sentencing judges to consider the actual gravity of the offense, thus significantly limiting judicial discretion in sentencing. Introduction of mandatory minimum in criminal sentencing is often viewed as a shift of judicial power from judges to prosecutors, who are capable to affect to the length of potential sentence through their charging decision, eg. filing charges on lesser included offense and dropping the charges carrying mandatory minimum sentences. Mandatory sentencing laws have been particularly popular among legislators in the United States. This has provoked formation of non-profit organizations such as Families Against Mandatory Minimums, Women Against Registry and RSOL to lobby for reinstatement of judicial discretion in criminal sentencing.".
- Judicial_discretion wikiPageExternalLink books?id=8ZUKws9uEVUC&pg=PP1&dq=%22Exercising+Discretion:+Decision-making+in+the+criminal+justice+system+and+beyond+%22&ei=Q90dSsHFOqqMygSC9uiPCg.
- Judicial_discretion wikiPageID "58792".
- Judicial_discretion wikiPageLength "3514".
- Judicial_discretion wikiPageOutDegree "29".
- Judicial_discretion wikiPageRevisionID "703115114".
- Judicial_discretion wikiPageWikiLink Aharon_Barak.
- Judicial_discretion wikiPageWikiLink Category:Court_systems.
- Judicial_discretion wikiPageWikiLink Category:Criminal_law.
- Judicial_discretion wikiPageWikiLink Category:Legal_doctrines_and_principles.
- Judicial_discretion wikiPageWikiLink Constitution.
- Judicial_discretion wikiPageWikiLink Discretion.
- Judicial_discretion wikiPageWikiLink Families_Against_Mandatory_Minimums.
- Judicial_discretion wikiPageWikiLink Indictment.
- Judicial_discretion wikiPageWikiLink John_Marshall.
- Judicial_discretion wikiPageWikiLink Judge.
- Judicial_discretion wikiPageWikiLink Judicial_activism.
- Judicial_discretion wikiPageWikiLink Judicial_independence.
- Judicial_discretion wikiPageWikiLink Judiciary.
- Judicial_discretion wikiPageWikiLink Law_and_order_(politics).
- Judicial_discretion wikiPageWikiLink Legislation.
- Judicial_discretion wikiPageWikiLink Lesser_included_offense.
- Judicial_discretion wikiPageWikiLink Mandatory_sentencing.
- Judicial_discretion wikiPageWikiLink Precedent.
- Judicial_discretion wikiPageWikiLink Prosecutor.
- Judicial_discretion wikiPageWikiLink Recidivism.
- Judicial_discretion wikiPageWikiLink Reform_Sex_Offender_Laws,_Inc..
- Judicial_discretion wikiPageWikiLink Rule_of_law.
- Judicial_discretion wikiPageWikiLink Selective_enforcement.
- Judicial_discretion wikiPageWikiLink Sentence_(law).
- Judicial_discretion wikiPageWikiLink Separation_of_powers.
- Judicial_discretion wikiPageWikiLink Sex_offender_registries_in_the_United_States.
- Judicial_discretion wikiPageWikiLink Three_strikes.
- Judicial_discretion wikiPageWikiLink Ultra_vires.
- Judicial_discretion wikiPageWikiLink Women_Against_Registry.
- Judicial_discretion wikiPageWikiLinkText "Judicial discretion".
- Judicial_discretion wikiPageWikiLinkText "discretion of the judge".
- Judicial_discretion wikiPageWikiLinkText "discretion".
- Judicial_discretion wikiPageWikiLinkText "judicial discretion".
- Judicial_discretion wikiPageUsesTemplate Template:Reflist.
- Judicial_discretion subject Category:Court_systems.
- Judicial_discretion subject Category:Criminal_law.
- Judicial_discretion subject Category:Legal_doctrines_and_principles.
- Judicial_discretion hypernym Power.
- Judicial_discretion type BasketballPlayer.
- Judicial_discretion type Concept.
- Judicial_discretion type Theory.
- Judicial_discretion comment "Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence.".
- Judicial_discretion label "Judicial discretion".
- Judicial_discretion sameAs Q11612942.
- Judicial_discretion sameAs 自由心証主義.
- Judicial_discretion sameAs 자유심증주의.
- Judicial_discretion sameAs m.0g1k9.
- Judicial_discretion sameAs Q11612942.
- Judicial_discretion sameAs 自由心證.
- Judicial_discretion wasDerivedFrom Judicial_discretion?oldid=703115114.
- Judicial_discretion isPrimaryTopicOf Judicial_discretion.