What's best for kids at issue for dads Feb 27, 2008
Lawyer Fern Frolin says, "We trust the discretion of judges." The bill would never have been filed if judicial discretion was working. It is not, and data from case after case support this. (Boston Globe -- Editorial)
A fair role for fathers Feb 23, 2008
Using judicial discretion wisely"We trust the discretion of judges," says Fern Frolin, a lawyer and the chair of the Massachusetts Bar Association's family law section, who says there is already an appropriate shift toward more shared parenting. One challenge, though, is expanding this culture. (Boston Globe)
End disparity in drug sentences Feb 19, 2008
The U.S. Sentencing Commission had called for an end to the disparity four different times before the Supreme Court restored judicial discretion last year. Now it s Congress turn to do the right thing. (Scranton Times, PA)
Your Opinion Jan 29, 2008
While state judges in the NCSC survey complained most about the lack of judicial discretion and the prevalence of mandatory sentences, the survey also found that 29 states reported no efforts to repeal or prevent adoption of mandatory minimum sentence provisions - and six other states were actually busy creating new mandatory minimum penalties. In Washington. (Petersburg Progress Index, VA)
Fightin' Words About Crime Jan 26, 2008
The Democratic version did not have a 30-year review and allows for judicial discretion in setting the sentence. Each side claimed that its version was tougher on crime. (FOX61, CT)
The inquest into Diana's death is a dirty-raincoat show for the world Jan 21, 2008
Today, however, thanks to an extraordinary exercise of judicial discretion, we have rewound the tape back to where the Argylls left off. The inquest into the death of Princess Diana is providing a circus for the prurient, a dirty-raincoat show for the world, of a kind that makes many of us reach for a waxed bag. (Guardian Unlimited)
Bill would force judges to impose full sentence in extreme DUI cases Jan 18, 2008
Jerry Landau, director of government affairs for the Arizona Supreme Court, told the committee that the court supports judicial discretion but in this case simply wants consistency in the law. "It is necessary to remove one of the laws; it doesn't matter which one," Landau said. (AZCentral -- News)
Ministers Criticize '3-Strikes' Legislation Jan 16, 2008
The ministers argued that judicial discretion should be maintained, and one legislator there agreed. "We spent a lot of time training our judges and putting them in our system," said state Rep. (FOX61, CT)
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)
