Sentences with phrase «judicial discretion from»

Not exact matches

One change in store from the version approved last year could be the addition of judicial discretion for pension forfeiture in certain cases.

Civil liberties campaigners could contest proposals which would see the police handed the discretion to remove videos from internet sites, even with judicial approval.

Even if Congress passes a law allowing the Treasury Department to have incredible discretion in reorganizing financial companies, that does not mean that the actions are exempt from judicial review.

As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the court.

Based upon complaints filed by, among others, Washington DC based Judicial Watch, the Commission had sought to remove Judge Kendall from the bench on the basis of criticisms of his bail and sentencing decisions in specific cases, none of which had ever been appealed and each of which was soundly within his legal discretion.

Four retired senior judges have warned Peers that judicial independence is at risk from plans to give judges discretion over how much weight to attach to European Court of Justice decisions after Brexit.

From these principles, it follows that legislation should also be drafted to minimize judicial discretion.

Reducing judicial sentencing discretion means that judges are less able to consider the circumstances of the offence and ensuring that any sentence is responsive to the historic disadvantage experienced by offenders from marginalized groups, including women.

It was also correct that operational discretion does not equate to immunity from judicial scrutiny of policing decisions (H v Commissioner of Police of the Metropolis [2013] 1 WLR 3021).

Nothing in the safety valve prevents judges from sentencing prisoners at or above the mandatory minimum even if they are eligible for the safety valve, but simply allows judicial discretion to ensure that prison resources are being used where they can best protect public safety, and not wasted on nonviolent, low - level drug offenders.

Accordingly, while the right to damages for an accident is vested at the time of the accident, it can be differentiated from the entitlement to prejudgment interest as it's subject to judicial discretion, meaning that there is no inherent right to any rate of interest until it is determined by a judge.

From various conversations and news reports (and early judicial scholarship), Gall and Kimbrough have been viewed as dramatically important statements of the scope of post-Booker discretion that district judges now possess.

Particularly interesting is how his dissent highlights and explores one of the great puzzles emerging from this line of cases: When, and why, does the exercise of judicial discretion at sentencing violate the Sixth Amendment?

It removes discretion from the Courts to use judicial discretion in sentencing.

Judicial discretion remains and thankfully so because there are cases where a party's circumstance or contribution demands an adjustment or detraction from the overriding requirement of equality, provided that in itself would not be discriminatory or unfair.

They could be (a) attacks on specific institutions (e.g., judicial independence from the police discretion, free press, etc), or they could be (b) attacks on a vague idea like Patrick Deneen's «individualist anthropology»).

The new Courts Law essay comes from new JOTWELL contributor Pamela Bookman (Temple), reviewing Robin Effron, Ousted: The New Dynamics of Privatized Procedure and Judicial Discretion (B.U. L. Rev. forthcoming), which describes how private procedure and judicial control come tJudicial Discretion (B.U. L. Rev. forthcoming), which describes how private procedure and judicial control come tjudicial control come together.

Where matters are dealt with in either the county court or the High Court, they are protected from public scrutiny yet they become open to both public and press — subject to reporting restrictions at judicial discretion — should they reach either the Court of Appeal or House of Lords.

In a recent opinion piece, ACLU legislative counsel Neema Singh Guliani argues that the CLOUD Act sidesteps oversight from both the legislative and judicial branches, granting the attorney general and the state department too much discretion in choosing which governments the U.S. will enter into a data exchange agreement with.