Actually, courts are in many respects way ahead of other institutions, in & out of government, in preparing themselves to play an intelligent role in managing the impact of cultural cognition
on factfinding.
Not exact matches
Although judicial
factfinding in sentencing is standard and allowed since Booker made the guidelines nonmandatory, the judicial
factfinding assumes an even greater role here given that the decision of even what basic guideline to apply hinges
on what offense the judge finds is proven by the facts.
However, based
on revisions in the final policy and subsequent
factfinding, the Department has provided an estimate for this requirement, as explained below.
Based
on public comments and its own
factfinding, the Department believes many of its assumptions used in the final analysis more accurately reflect what is likely to be the real cost of the regulation.