Judicial Discretion to Condition

Sentencing guidelines, judicial discretion and plea bargaining

The United States Sentencing Commission was created to develop federal sentencing guidelines, which restrict judicial discretion and were found to increase the average sentence length while leaving unchanged the likelihood of resolution through plea bargaining. A game theoretic model is developed in which a sentencing commission may impose guidelines or defer to judicial discretion; then a defe...

Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing

Discontinuous Tradition of Sentencing Discretion: Koon's Failure to Recognize the Reshaping of Judicial Discretion under the Guidelines, The

Looked at from a general science of law, the effective individualizing agency in the administration of justice is discretion .... Discretion is an authority conferred by law to act in certain conditions or situations in accordance with an official's or an official agency's own considered judgment and conscience .'

Prison Litigation Reform Act: Congressional Statute Not Open to Judicial Discretion.

Lieutenant Lane. On the other hand, under the Model Penal Code interpretation, the brief time lapse would not have precluded an EED defense. Regarding prison culture, although Mr. Johnson was denied access to records related to general prison violence on the basis of relevance, in that the records were not necessary for the preparation of his defense, one could argue that such records would hav...

”Reasonably Predictable:” The Reluctance to Embrace Judicial Discretion for Substantial Assistance Procedures

In United States v. Booker, the Supreme Court held that the Federal Sentencing Guidelines are no longer mandatory, yet still instructed sentencing courts to continue to advise the Guidelines. In light of this expanded judicial discretion, post-Booker cooperation, or 5K1.1, motions made by the government are of particular interest because it can have the potential to increase the court’s power w...