Question

should judges be allowed to use their discretion?

should judges be allowed to use their discretion?

Homework Answers

Answer #1
  • Judges have experience and knowledge of the law and in sentencing offenders, thus should be trusted to exercise their moral judgement at their own discretion when imposing a sentence.
  • A judge can bring his of hers own personal emotions to a case, and become personally involved to such a case, which may result in an unfair and unjustified sentence. For instance, perhaps a judge had been connected to person who was killed by a drunk driver and the same judge was sitting as a judge on a case where the defendant drink driving injured a person. The judges own morals and life experience on this may result in a harsher sentence than what may have been reached if the judge was not personally connected to the case. A judge’s discretion should be used with caution.
  • Many judges believe that judicial discretion is important and vital part of imposing sentences, as just like fingerprints no two cases are the same, so how can the guidelines calculate the eventuality of every single circumstances surrounding every case brought forth to the court. It is vital to use the moral judgement of judges to tailor sentences to every individual circumstances and variety of facts.
  • Different judges in different states come to different conclusions because their laws are different and/or their judges have interpreted the law differently. Since judges are human, they sometimes make mistakes or even use their own personal views to make a ruling.
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