Sentences with phrase «discretion of the trial judge»

In a decision important to high - dollar white - collar prosecutions, the 2nd U.S. Circuit Court of Appeals bolstered the broad discretion of trial judges to issue sentences far below, or far above, sentencing guidelines.

The National Law Journal noticed the Second Circuit's important (though unpublished) sentencing work earlier this week as reported in this article, headlined «In Upholding Impath Exec's Sentence, 2nd Circuit Bolsters Discretion of Trial Judges.»

There is no formula for alimony in North Carolina, and, under the matrimonial statutes, alimony is left to the sole discretion of the trial judge.

He initially called the court, as well as social services, but was informed that the decision to provide counselling to jurors is at the discretion of the trial judge, and if it not ordered, jurors have to seek and pay for it on their own.

Suspects who want to benefit from the advantages granted by the collaborators» provisions are forced to make their statement before the police or the public prosecutor during the investigation, while a decision about sentence mitigation or a total exemption from punishment will be left to the discretion of the trial judges, who are not formally bound by any commitments made during the preliminary proceedings.

In Ontario, awarding costs is within the discretion of the trial Judge.

The Court also stated that it was within the discretion of the trial judge to conclude that the testimony would not assist the trier of fact, irrespective of the application of the Daubert test.

1971), rev'd on other grounds, 483 S.W. 2d 244 (Tex. 1972)(noting that while the Texas Supreme Court has not directly passed on the matter since 1941, it is generally considered the rule in Texas that a view is permissible at the discretion of the trial judge «only with consent of all parties to the suit»).

Whether or not a witness (expert or not) is permitted to testify in a case, is a matter left to the discretion of the trial judge hearing the matter.

While a court can adopt discretionary measures to protect the identity of an informant, the privilege itself is a matter beyond the discretion of a trial judge.

This type of support is rarely mandatory as part of a divorce, and is generally at the discretion of the trial judge after considering several factors outlined by state law.

The obvious tactic for the lawyer is to add the action against him to the first action, to be tried together subject to the discretion of the trial judge.