Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment range of a defendant is typically based on the seriousness of the offense as well as the defendant’s criminal history which is dictated by sentencing guidelines.
Most of the economic analysis for bargaining has been used on single defendant cases, however there has been some cases where multiple defendants have utilized plea bargaining. One would turn dime on the others as part of the plea deal which would earn him or her lesser to no sentence. Eldridge 2 Plea bargaining is where the courts conclude a trial before it starts by giving the criminal the choice of lessening the charges or amount of time he will have to serve in prison by agreeing to plead guilty to the charges he is up against. There are two types of plea bargaining; Charge bargain which is a deal made be... ... middle of paper ... ...l Law Center - Criminal Law. 11 Feb. 2011.
If the court decides that the sentence should be longer than 6 months then the case is passed on to the Crown Court. Courts can also give a combination of punishments. If you disagree with the magistrates’ court’s verdict, you may be able to appeal to a higher court. The Crown Court deals with serious cases, which are called indictable offences. It also deals with appeals against a magistrates’ court conviction or sentence and cases passed from a magistrates’ court for trial or sentencing.
The Federal Sentencing Guidelines are standards that specify a stable sentencing strategy for persons and associations charged with felonies and severe misdemeanors in the United States federal courts system. The states courts handle the sentencing for their criminals, but if the crime is too serious, the case is brought to the Federal Courts. Usually, the federal courts give a tougher sentence to a criminal defendant than the states court. Most federal judges follow the Federal Sentencing Guidelines, but the state judges tend to use their own techniques to give a sentence. But there is no telling if the Federal Sentencing Guidelines can accurately sentence defendants because every criminal is different.
Integrity is needed, when making any decision in my opinion. In my current position in my work, not just we are required by the law to be honest and having and integrity helps a great deal to do my job a great many easier. I work on one on one setting and my clients or customers, having integrity doing the right thing is always the priority event know one’s looking. My customers always expect me to tell them the truth and give them educated advice. Of course, doing the right thing in my business sometimes can cause me to lose a customer.
Distinguishing between a Lay Magistrate and a Stipendiary Magistrate Introduction: - Magistrates sit on a bench in the magistrates' court and hear around 98% of all criminal cases. Many Magistrates' deal with summary offences including, driving without insurance and common assault. The Magistrates listen to the case in hand, and then have to decide weather the defendant is guilty or not guilty. They have to come up with a suitable punishment for a guilty plea aswell. There are two types of magistrates, lay magistrates and stipendiary magistrates.
The U.S. recognizes the right to jury trial in virtually all criminal cases, including misdemeanor and felony. Twelve members make up a jury. The Sixth Amendment guarantees anyone facing a penalty of no less than six months imprisonment a jury trial. In reality, the Sixth Amendment does entitle the defendant to a jury trial if their offense is punishable by a period of below six months imprisonment. A jury trial helps to check or test out unfetthered prosecutorial power (Ward 83).
Also, indictable offences which are tried in the Crown for trail conviction and preliminary hearing in the Magistrate court. Lay Magistrates try 97% of all criminal cases and deal with hearings in 3% of the cases. To be on a Jury you must be at aged between 18-70, registered to vote and a resident for at least 5 yearsin the UK. There are disqualifications such as anyone currently on bail or those not eligible to vote. There are advantages and disadvantages of using lay people in the criminal justice system.
They have the right to have an attorney assigned to them. Thanks to the Sixth Amendament, "In all criminal prosecution, the accused shall...have the assistance of counsel for his defense." Now three decades later we have court appointed counsel, the standards for representation have varied drastically. For instance, often time the state allows the judge to pick the attorneys. Very often, these attorneys are picked not on the basis of experience or merit, but because they will cause the least resistance at trial.
... ... middle of paper ... ...g! “Early childhood teachers must be a respected, knowledgeable and experienced person who is skilled in supporting and nurturing the growth of someone who is less experienced.” With that being said, most, if not all of your supervisors will possess similar skills. They may be approached differently, standards may be a little higher for certain environments, but as we have learned, all good supervisors are structured similar. I hope one day to be a successful supervisor like those I have had in the past, to be a successful mentor like most of my teachers have been and one day to even be someone else’s motivation to be a better supervisor. I would like to be the supervisor that possess similar skills, I would want to be held to my highest expectations regardless of the career and finally, I would like to guide others working in early education to feel the same way.