Sentences with phrase «fairness to defendants»

There should, after all, be some sense of fairness to defendants one and all, and generally, having a sentencing guideline range helps assure that.

Not exact matches

The goal of all of these efforts is to improve the fairness and effectiveness of the criminal justice system — not only by distinguishing between appropriate and inappropriate uses of neuroscientific evidence, but also by using neuroscientific techniques to enrich understanding of the decisions and behavior of defendants, judges and jurors.

[130] Having regard to institutional fairness will elevate the standard for approval and send the message that courts will not rubber stamp settlements and turn a blind eye to what are in truth strike suits or suits where the defendant or the defendant's insurer pays a modest price for buying peace rather than paying a fair price to compensate the class members for their injuries.

[32]... As I will discuss further below, to allow the defendants to each escape liability by pointing the finger at one another would have been at odds with the fairness, deterrence, and corrective justice objectives of the law of negligence.

[19]... To deny him recovery, while allowing the negligent defendants to escape liability by pointing the finger at each other, would not have met the goals of negligence law of compensation, fairness and deterrence, in a manner consistent with corrective justicTo deny him recovery, while allowing the negligent defendants to escape liability by pointing the finger at each other, would not have met the goals of negligence law of compensation, fairness and deterrence, in a manner consistent with corrective justicto escape liability by pointing the finger at each other, would not have met the goals of negligence law of compensation, fairness and deterrence, in a manner consistent with corrective justice.

It contended that since the claim exceeded the maximum amount that the defendant could require a firm to pay a claimant, fairness required that it be determined by litigation in court, and the defendant should accordingly decline jurisdiction.

If they would not give evidence, dangerous criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the prosecutor's duty of disclosure.

As to prejudice, trial fairness would be affected should the memory of the defendants» only witness to the accident be impaired.

In reaching her decision as to how to deal with the quagmire of fairness, i.e. either the defendant is ordered to pay the full amount of the judgment now and risks overpaying or the plaintiff is forced to wait — without any income — until the expiration of what he says is the reasonable notice period, Justice Pollak turned to the decision of the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7, and noted the following:

Unjust enrichment requires a plaintiff to show a defendant retained a benefit to plaintiff's detriment and that the retention of the benefit violates basic principles of fairness.

When considering the fairness of admitting hearsay, disciplinary panels will henceforth be required to consider the adequacy of safeguards for the defendant.

But such an approach overlooks Stadlen J's careful analysis of the safeguards and protections provided to a defendant by the common law and Art 6; in both civil and criminal proceedings the «fairness» criterion is the trump card.

The material contribution test achieves fairness in compensation because the plaintiff has already established a but for causation on a global scale, but is unable to determine which specific defendant was responsible for the injury.

«It is tempting to try to solve the delay problem by taking procedural fairness guarantees away from defendants.

In fairness, though, the longest delays in putting the accused through a trial have little to do with the present case, which is the second attempt at a military commission for the five defendants.

We believe simple common - sense reforms like these would go a long way toward restoring fairness in the system by giving defendants access to information and the tools they need to fight back against trolls.