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Unformatted text preview: Leading advocate of legal realism Argued that psychological forces, including personal biases buried so deep in the unconscious that the judge was unaware of their existence, might influence the decision What determines the outcome of a case? What role does precedent and judicial discretion play? o 2.2 A Forgery Case A group of judges & doctor discussing repercussions for the crime: jail, prison, counseling, probation, etc. what is best for the guilty, society, his family? o 2.3 The Queen v. Dudley and Stephens (similar to speluncean explorers case but real) 3 Men & boy in a boat, killed the boy so rest could eat him and survive Judge made the call that w.r.t. self defense since the judge couldnt ask the boy whether it was self defense they would be found guilty Do mandatory sentencing guidelines limit judicial discretion? o 2.4 Incarcerated America Problems with mandatory minimums...
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This note was uploaded on 02/03/2009 for the course PLSC 382I taught by Professor Kent,shanise during the Spring '08 term at Binghamton University.
- Spring '08