In the alternative, Parliament could
provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment,» said the majority.
«In the alternative, Parliament could
provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment.»
Not exact matches
The Model Penal Code: Sentencing project
provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties; mechanisms
for combating racial and ethnic disparities in punishment; instruments of prison population control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of
judicial powers to review many collateral consequences of conviction; and many issues having to do with
judicial sentencing
discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.
This paper claims that a process - based conception of proportionality offers a stronger defence of
judicial discretion in sentencing than the current framework offers; it better respects institutional roles and
provides a more principled basis
for declaring the current structure of mandatory minimum penalties unconstitutional.
All noted commentary has stressed the importance of anti-SLAPP legislation
providing a process
for the efficient identification and dismissal of applicable cases, while at the same time,
providing sufficient
judicial discretion to allow
for the variety of circumstances under which it will be applied.
In the instant case, section 733.705 (9) plainly and unambiguously
provides for the payment of interest and does not
provide any
judicial discretion.
Such a government can pass legislation
providing for greater guidance on cost regimes in the public interest, thereby
providing basis
for judicial any
discretion in this area.
Although Rule 49.13
provides judicial discretion for costs, Justice Kent held that the plaintiffs» offer did not entitle them to substantial indemnity.
This is an outrageous amount of money in the circumstances, and so Justice Conway used her
judicial discretion,
provided for in s. 38.1 (5), to lower the amount of the statutory damages award.
Bill C - 560 would
provide that, while retaining sufficient
judicial discretion for custom parenting plans.
Although any presumption cries out
for the exception in an area as idiosyncratic, and, as Judge Mack points out, [FN198] as important custody law, the benefits of limiting
judicial discretion can outweigh the disadvantages,
provided the standard adopted relates directly to the child's welfare and is not applied by rote.