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Us constitution tyranny
Discretion in the court system
Judicial discretion essay
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The Founding Fathers established the U.S. with special laws that give citizens the freedom that the British had denied to them. When they traveled to the country, the documents that the Founding Fathers wrote permitted them freedom of speech and freedom of religion. However, the Bill of Rights also grants citizens the right to a fair trial. Many judges have abused this right by creating their own opinions on cases before they have heard all the evidence against both sides. This principle, called judicial discretion, has helped weigh down the standard system of the scales of justice. Because of these judges, many people perceive the judicial system as “tilted” and do not appreciate the many judges who obey their own laws. Many kinds of judicial discretion exist, but there are a few styles that overpower the others in disgust from members of the community.
Countless versions and cases of judicial discretion have emerged over the years of the judicial system. However, the case of general judicial discretion exists as the category that ends up mistreating many citizens in the U.S. The court system defines judicial discretion as “the inherent power of the judiciary to make legal decisions according to their discretion” (“Dictionary”). This simply means that a judge may adjudicate a case in his courtroom as long as the sentence he gives is within reason (“Dictionary). However, many judges take this out of context and use it to their malicious advantage. The judge can dismiss or overrule a jury if he believes that a stricter, or lighter sentence in necessary. He may choose not only the guilt of the criminal, but he also may decide how long they deserve to be in prison. Many more cases have emerged where judges have given too light o...
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Elliot, Tammy. "Woman Remembers Dog Cage Abuse | WFRV Green Bay: Northeast Wisconsin News, Weather and Sports | Local." WFRV Green Bay: Northeast Wisconsin News, Weather and Sports. Web. 1 Mar. 2011. .
Roland, Jon. "Abuse of Judicial Discretion." Index. Web. 1 Mar. 2011. .
Schwartz, Bernard. Decision: How the Supreme Court Decides Cases. New York: Oxford UP, 1996. Print.
"UNITED STATES V. BOOKER." LII | Legal Information Institute at Cornell Law School. 04 Oct. 2004. Web. 5 Mar. 2011. .
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
"Key Supreme Court Cases: Schenck v. United States - American Bar ..." 2011. 14 Jan. 2014
One of the problems with the law is its principle of removing judicial discretion. This severely hinders a judge's ability to make a punishment fit the crime. While some felons deserve life in prison, it is unfair to create a standard that would force judges to sentence offenders to life imprisonment for relatively minor crimes.
" Schenck v. United States. Chicago-kent College of law , n.d. Web. 6 Jan. 2014.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens.(3-4)
Magleby, David B. "The Judiciary." Government by the Peopl. 2011 ed. Boston: Pearson, 2011. 378-90. Print.
Both Cole and Bjerk discuss the role of discretion among prosecutors. Discuss the importance of discretion as they describe it. What implications might this have for the legitimacy of the court system?