Sentences with phrase «with judicial discretion»

However, Gall and Kimbrough ultimately have more to do with judicial discretion and appellate review than with the Sixth Amendment, and back in 1996 the Court came together in Koon to deliver a unanimous ruling (per Justice Kennedy) that embraced broader district court sentencing discretion and light appellate review.

But overall, the costs, increased incarceration while crime levels are decreasing, and doing away with judicial discretion on sentencing seem to be the main sticking points.

The AG who can fulfil their duties with judicial discretion and independence is a keeper even if they are considered the «white tiger of the legal profession» by some.

Not exact matches

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

The traditional bastion of sober second thought — our courts — are facing an all - out assault against judicial discretion with mandatory minimum sentences and the wholesale pillaging of the conditional sentence regime.

Jury nullification is an unpopular legal concept with a judicial system meant to crank out fines and jail sentences, but the US Supreme Court has affirmed the right of juries to think beyond their allotted jury instructions and the right of citizens to spread the word about that super-judicial discretion.

Again, Anisminic is sometimes taken as authority for the proposition that unlawful administrative decisions are nullities, that they never existed in the eyes of the law, with the corollary that judges should not have any discretion to refuse judicial review remedies.

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.

An experienced family law attorney can work discuss the relevant factors with you to help weigh the probabilities of the outcome, which still involves a lot of judicial discretion.

I believe the court must regulate its own practices and proceedings with specific reference to the means used to record court proceedings as a necessity that justice demands and not one based of judicial discretion.

On the other hand, the Court found that if the Parliament finds the petition admissible, further actions taken are not amenable to judicial review, because the Parliament has a broad discretion of political nature as to how the petition is further dealt with, «regardless» of whether the Parliament deals with the petition directly or further refers it to other competent authorities.

There is no judicial discretion to suspend or dispense with it.

The governor will make judicial appointments with full discretion, which must then be confirmed by the senate.

Mummery LJ points out that the real purpose of the discretion in s 2 (3) is to deal with «mixed claims» where equal pay is one of several issues before the court and splitting it off would be in the interests of judicial efficiency; it is not really addressed to issues such as those in these cases.

Judicial discretion with respect to the timing of a lost evidence application creates a dangerous procedural choice for the applicant.

Reasons for judgement were released this week by the BC Court of Appeal addressing the current landscape of judicial discretion when awarding costs in cases with formal settlement offers in play.

Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites judicial review»... (cites omitted)

In my continued efforts to track the judicial discretion of costs awards following trials with formal settlement offers in place, reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, addressing costs consequences were a jury award was some 25 % of ICBC's best pre-trial formal settlement offer.

In the late 1970s California and several other states adopted a form of statutory guidelines, narrowing judicial discretion and, in most of these states, replacing broad parole - release discretion with good - time credits and a fixed period of post-prison supervision.

In my view, when administrative decision - makers come into contact with the ordinary courts, reference to legislative intent may provide a more promising analytical framework than reliance on judicial discretion.

The background to the case — another exercise of judicial discretion in another «not very big money case» — is dealt with later.

This has manifested itself not only with a raft of prescriptive criminal legislation on practice and procedure but also successive home secretaries» efforts to curtail and straitjacket judicial discretion in sentencing.

- In relation to the admission by the media, and any others with an interest in the proceedings, the Family Justice Council proposed a statutory checklist to guide the exercise of judicial discretion in determining such an application.

Rix LJ cited with approval a passage in De Smith's Judicial Review (6th edition, 2007, at paras 10 - 065ff) and headed: Policy and Bias, which noted that decision - makers are entitled «to exhibit certain kinds of bias in the exercise of their judgment or discretion on matters of public policy» and while ordinary members of legislative bodies are «entitled, and sometimes expected, to show political bias» they of course ought not to show personal bias or participate in decisions on a matter in which they have a private pecuniary or proprietary interest.

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.

«I would conclude that the Ontario supervising judge while physically located outside the province has the jurisdiction and discretion to conduct the motion remotely and concurrently with his or her judicial supervisory counterparts,» wrote Juriansz, who emphasized the necessity of ensuring the open - courts principle but found technological alternatives could accommodate the requirement that the Ontario public be able to attend the hearing in an Ontario courtroom.

Many have argued that regimented sentencing laws should be eliminated and replaced with broad judicial discretion.

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.

The Committee is concerned by the government bill in which it would be stated, contrary to a judicial decision, that ratification of human rights treaties does not create legitimate expectations that government officials will use their discretion in a manner that is consistent with those treaties.

(iii) Indigenous people were subject to judicial or administrative discretion as to whether they would be considered Indigenous or not, with the effect that «an artificial legal status could be imposed, withdrawn or re-imposed at the behest of one person in authority.»

Item 73 is discriminatory and inconsistent with the ordinary principles governing the judicial discretion to summarily dismiss proceedings.

In the Native Title Report 2007, I expressed a number of concerns about the changes including the amount of ministerial discretion in recognising these bodies, the additional administrative burdens placed on them, the uncertain position that bodies with short recognition periods are put in, and the preclusion of judicial review for the decision.

As shared parenting isn't suitable for every family, proposed legislation maintains judicial discretion to deal with circumstances like abuse, neglect, or abandonment.