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borishaifa [10]
2 years ago
11

Imagine you are a typical judge. After college, you went to law school. Then you passed a difficult bar exam to be licensed to p

ractice law. After that, you spent years prosecuting or defending criminal cases. You have been involved in thousands of criminal trials. As a judge, should you be free to make any sentencing decision you want? Or should you be required to pick from a limited range of sentences for each offense? Explain why you think your selection makes the most sense.
Law
1 answer:
spin [16.1K]2 years ago
4 0

Answer:

As a judge, you should be required to pick from a limited range of sentences for each offense.

Explanation:

Some may argue that having passed a difficult bar exam to be licensed to practice law, spending years prosecuting or defending criminal cases, and being involved in thousands of criminal trials should qualify a judge to be free to make any sentencing decision they want—but this notion is incorrect.

Although judges tend to be extremely experienced and highly intelligent, granting judges too much leeway in sentencing decisions leads to issues like sentencing disparity (disproportionate sentencing in similar cases). Before the passage of the Sentencing Reform Act (SRA) in 1984, sentencing disparities within the United States justice system were largely unaddressed, so the SRA sought to address sentencing disparities with the imposition of mandatory sentencing guidelines for federal sentences. However, the SRA limited the power of judges to a great extent, an issue that would be addressed in the <em>United States v. Booker</em> (2005) Supreme Court case, with the court ruling the sentencing guidelines imposed by the SRA be deemed advisory rather than mandatory. What can be learned from these legal developments is that sentencing guidelines are necessary for reducing disparity within the justice system, but should remain advisory so as to not place any excessive limitations on the authority or sentencing liberty of judges.

The closest answer to the Supreme Court's legal precedent—our ideal in this case—would be picking from a limited range of sentences for each offense rather than having no limitations at all, as the latter would likely result in a return to the non-uniform, disparity-ridden justice system seen before the passage of the SRA.

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valentinak56 [21]

Answer:

Explanation:

Appeal:

An appeal is the process of making a formal request to a higher (appellate) court to reverse a lower court’s decision after the lower court has made a final judgment or ruling. Often, the losing party files an appeal with the higher court; this begins the appellate review process. An appellate court reviews the facts as presented in the trial, and no other evidence is considered in making an appellate decision. The main purpose of an appeal is to review the legal decisions made at the trial court level.

Appellant:

An appellant is the party to a lawsuit who is seeking an appeal from a lower court decision. The appellant is typically the party who lost at the trial court level. The appellant must file a notice of appeal and offer a legal brief to the appellate court, putting forth its legal arguments and its legal basis for the appeal.

Appellee:

An appellee is the party who wins the judgment at the trial court level. The appellee must respond to the appellant’s legal arguments by filing a legal brief and appear in court, if necessary, to argue to the appellate court why the lower court decision should not be disturbed.

Harmless error:

Harmless error is an error allegedly made by a lower court judge that an appellate court finds insufficient to alter or amend the lower court’s decision. The error is deemed “harmless” because reconsideration of the alleged error would have no bearing on the outcome of the lower court’s decision. An example of a harmless error would be a technical error made by the lower court that, under the applicable law, was improperly decided; yet, the remaining evidence substantially supports the original judgment.

Injunction:

An injunction is an order issued by the court which orders a party to do something or prohibits the party from doing something. An injunction may be proper when a party may be harmed by another party’s threatened actions.

Interlocutory appeal:

An interlocutory appeal is a type of appeal that seeks the review of a temporary order (such as an injunction) that is related to a pending lawsuit. An interlocutory appeal is filed and heard while the underlying action is still proceeding at the trial court level.

Mandamus:

A mandamus action is an order issued by a court that orders a governmental body or public agency to perform an act required by law. Often, a mandamus action is sought when a governmental body or public agency fails or refuses to act under an applicable law.

Writ of certiorari:

A writ of certiorari is a type of judicial order from an upper level court to a lower court (for example, the U.S. Supreme Court to a U.S. Court of Appeal) to send the court record and related documents of a particular case to the higher court for its review. A writ of certiorari is typically associated with the review of lower court decisions by the U.S. Supreme Court or state supreme courts. The appealing party must file a writ of certiorari (also sometimes referred to in short hand as “cert”) to the higher court, which may agree to review the lower court's decision ("granting certiorari") or may refuse to review the lower court's decision ("denying certiorari").

4 0
3 years ago
Once a judge has determined that the plaintiff is to be awarded a certain sum of money, the plaintiff may begin the process to o
professor190 [17]

The given is called a writ of attachment or an order of attachment .

<u> Explanation: </u>

In the court of law the defendant is an individual or company accused for committing a crime. If the judge has pronounced a judgement in favour of the plaintiff in the case of any disputes which may be a settlement in the form of money or in the form of assets.

The plaintiff may take the help of the court or court appointed sheriff to settle the dues from defendant. So the court appointed officials will make use of their power and protect the assets being sold. And this court process is known as order of attachment.

3 0
3 years ago
What is the difference between the supreme courts and the district courts
sergeinik [125]

Answer:Court Structure

Explanation:The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. ... Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts.

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Fittoniya [83]
Central Intelligence Agency
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Ainat [17]

Answer: In general, describe some of the laws that have been put into place by some states regarding marriage. Use complete sentences and paragraphs.

Explanation:

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