Expanding Judicial Discretion: Between Legal and Conflict Considerations.
Both bills, in different ways and to different extents, would reduce mandatory minimums and
expand judicial discretion, thus reducing unnecessarily harsh sentences and lessening unchecked prosecutorial power.
Not exact matches
Canadian courts have continued to
expand the principles of fundamental justice since B.C. Motor Vehicles Reference, adding new (and yet somehow fundamental) principles, some of which have invited a great deal of uncertainty and
judicial discretion, such as the principle that laws should not be «over-broad.»
On the one hand, the decision reflects a desire to put more
discretion in the hands of trial judges and to
expand the boundaries of
judicial decision - making.