Essay On Discretion

Essay On Discretion-66
Society believes that an officer can make any choice he or she chooses Officers often do not choose to arrest in a domestic dispute because they believe the family, not the justice system, should resolve the problem.

Society believes that an officer can make any choice he or she chooses Officers often do not choose to arrest in a domestic dispute because they believe the family, not the justice system, should resolve the problem.

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A one-size-fits-all approach is neither fair nor tenable, as justice requires the assessment of each case individually.

When sentencing, judges are required to have regard to all the circumstances of a particular case.

Discretion is used in many situations, such as when an officer chooses to stop a vehicle for a small traffic violation.

There are also times when the officer has no choice but to use specific discretion in certain situations.

It is an extraordinary privilege to be able to introduce a previously unpublished essay by H. The essay now being published, entitled Discretion, helps to explain why that was the case, for it is a testimony to the intensity of his engagement with colleagues in the Law School.

Hart, one of the most distinguished figures in twentieth-century legal philosophy, alongside a fine commentary by Geoffrey Shaw, the scholar whose intellectual imagination and meticulous archival research has brought the essay to light. Hart’s year at Harvard significantly shaped the course of his subsequent work.Mandatory sentences discourage offenders from pleading guilty and taking responsibility for their misconduct.Measures which restrict or remove judicial discretion are inconsistent with the rule of law.The officer has a lot of discretion when it comes to traffic and infractions.When a person is pulled over for speeding, failure to yield at a stop sign, or running a red light, it is the officer’s discretion to cite the citizen for their crime.During the course of the year, he laid the foundations for the vast majority of his work over the next decade: for Causation in the Law, for The Concept of Law, and for Punishment and Responsibility.The stimulating American context, as he later put it, “relaxed one’s neuroses”; “[i]deas started pullulating at a rather alarming rate. ’: I was getting so many different things inside.” In his Essay, Shaw presents a searching analysis of the paper’s argument as well as a persuasive assessment of its overall significance, and I do not propose to tread the same ground.Judicial discretion is a core tenet of the criminal justice system, requiring the judiciary to balance competing principles and choose between several different, but equally valid, courses of action.It’s a fundamental safeguard in all functioning democracies.It allows judges to exercise their judgment by considering the individual circumstances of the case.‘Law and order’ auctions are now a feature in all state and federal elections and politicians are stepping up their attacks on judicial discretion by rolling out tougher bail laws and expanding mandatory sentences.

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