a public health model. The two key components of this reform were to remove the mandatory minimum sentences, and restoration of judicial discretion to order treatment and rehabilitation as an alternative to incarceration. Since the reform the legislation has been constantly making revisions to the law. It has added the removal of prison mandates and created more judicial diversion programs, such as drug courts. The drug courts were initially started in the early 1990’s and had a unique style of per
with the Youth Criminal Justice Act, not only is it affecting our youth but also causing difficulties into adulthood. This highlights errors in the system such as; over the punitive treatment of youth, mandatory minimum sentences and lack of judicial discretion, and inadequate assistance of counsel. Starting with over punitive treatment of youth, young people are wired differently than adults, they do not have the same levels of judgment, decision making, and impulse control. Research shows that these
justice system (Bjerk, 2005). Persons involved in the judicial process (such as judges and prosecutors) have come to realize these discrepancies within the mandatory minimum laws and have learned to circumvent them (sometimes causing further discrepancies). When working within the court system, a person encounters mandatory minimum sentencing laws, and on occasion, the need for mitigation/departure from the guidelines. Depending on how judicial personnel decide to “mitigate” the circumstances, one
banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result
High incarceration rates Although America holds only five percent of the world’s population, it contains 25 percent of the world’s incarcerated population which is why reform needs to be made in order to bring down incarceration rates which will in turn lower costs paid by American citizens. What is the problem? The fact that the United States has the highest incarceration rate in the world is problematic enough, what makes the issue worse is that the United States does not have the space available
Sentencing of a convicted criminal is ultimately in the hands of the judge. Although there are standards that may be suggested for a judge to follow that work in accordance with the crime committed, by no means is a judge required to follow those suggested standards when making a decision. In the end, the final verdict is left up to the judge presiding over the case and they can do with that how they feel fit. Which is why in the case of Rhonda Kuzak, the judge has decided to go a less conventional
Judicial Discretion and Interpretation The term judicial discretion means that judges have the power to make more independent decisions in certain legal cases using their discretion. In the legal system of England and Wales, Parliament is sovereign therefore it has the ability to legislate and it is the role of the courts to enforce the statutes. As it is a common law system, courts are also bound by precedent. It is the duty of the judiciary to interpret the statutes and apply precedents. According
Judicial Discretion and Ethical Boundaries Brian R. Phinney Saint Leo University Judicial Discretion and Ethical Boundaries Judicial officers are afforded tremendous amounts of discretion in the execution of their duties. With this discretion comes an insurmountable amount of responsibility to exercise it with care, as a judicial officer’s decisions have life impacting results on those who they exercise their discretion upon. It is also very important that judges make ethical decisions
made Capital Punishment illegal in the United States. This lasted about four years, until another case heard before the U.S. Supreme Court (Gregg v. Georgia 1976) that reinstated the death penalty. It stated that it must be administered with guided discretion, meaning it must be applied fairly and uniformly. Two additional cases brought before the Supreme Court this year (Jurek v. Texas) and ( Proffit v. Florida) upheld the original ruling, that the death penalty is Constitutional. All of these court
Cincinnati vs Mapplethorpe READER DISCRETION ADVISORY This pop culture memoir contains sex, lies, greed, perversion, murder, deceit, infidelity, drugs, sex, immorality, scatology, ambition, equivocation, character assassination, slander, blasphemy, aspersion, betrayal, distortion, racism, ungodliness, sodomy – and that’s just the critics of Mapplethorpe. '>-The first page of Jack Fritshcer’s book, Mapplethorpe: Assault with a deadly camera. So I am asking myself, what is it about this guy Mapplethorpe
Michael J. Bugeja, director of the Greenlee School of Journalism and Communication at Iowa State University and author of“Facing the Facebook” in The Chronicle of Higher Education, states that the initial purpose of having access to the Internet in the classroom was to give students the opportunity to conduct research. However, this privilege is rapidly being used as a means for students to not pay attention during class. A poll was taken at Iowa State University where 20,247 out of the 25,741 enrollees
users for cloning are developed and performed is of much debate. Unfortunately, there is no absolute answer for the issue. A popular suggestion is to develop cloning technology for medical use on humans. The creation of animals for use at man's discretion, such as livestock for food, is an ancient and generally accepted practice. However, when creating a human clone, for its organs, can it be said that such an act is murder? Aldous Huxley illustrates another vision of cloning in Brave New World.
ensuring that a manager will be an effective leader. Managers must exercise all the function of their role in order to combine human and material resources to achieve objectives. The key to doing this is the existence of a clear role and a degree of discretion or authority to support manager's actions. The essence of leadership is follower ship. (Haller & Til, 1982) In other words, it is the willingness of people to follow that makes a person a leader. Moreover, people tend to follow those whom they
such as the likes of Thomas Jefferson, one of the founding fathers, whose views can best be summarized in something he preached, "If you think people incapable of exercising their choices with wholesome discretion, the solution is not to take away their choices, but to inform their discretion." So where did the concept of anarchy come from? Could it be inherent in human nature, a hold over from adolescence perhaps? Could it be people are naturally opposed to being told what to do? Abraham
group and if it involves the group, to what extent. The Vroom Jago leadership model has a pre defined set of decision styles the leader can wish to adapt. • Leadership Styles • Autocratic I (A1). The leader takes a decision completely at his discretion without the knowledge or consent of the team members in this style of leadership. This style of decision making is possible only in cases where there is not a lot at stake with the out come of this decision, when the employees’ decision is not exactly
The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were
In the Second Treatise of Government by John Locke, he writes about the right to private property. In the chapter which is titled “Of Property” he tells how the right to private property originated, the role it plays in the state of nature, the limitations that are set on the rights of private property, the role the invention of money played in property rights and the role property rights play after the establishment of government.. In this chapter Locke makes significant points about private property
the job to the subordinate, the authority to complete the task must also be given. The delegation of authority is the hardest, most difficult part for some in management positions. If the task is assigned without the authority to use independent discretion the result is frustration and incomplete production. The manager must clearly communicate the expected result also ensure that the subordinate is properly trained and/or has the required skills needed to accomplish the assigned task. Communication
person operating the vehicle. Whether the officer gives the person a ticket for the violation is up to the officer (officer discretion), but for public safety action is required. The same action is required for a person who has been drinking and driving; they must be stopped. However, due to community standards or views on drinking and driving, the officer does not have much discretion to use and the violator will be arrested; DWI laws are strictly enforced (Miller, Hess, Orthmann,
New York, the Supreme Court gave the school board broad discretion to frame curriculum and teach civic and moral values. This case resulted in the school board removing ten books from the school library for being "anti-american, anti-christian, anti-semitic, and just plain filthy." Another case involving book banning was Hazelwood School District V. Kuhlmeier. In this case the Supreme Court again gave school officials the broad discretion to control curriculum. This time the court left open the