CJ test 2 essays - Essay 1 I Discretion and factors A Judge...

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Essay 1: I. Discretion and factors A. Judge 1. a lot of discretion in sentencing but judges use it in different ways. 2. Recently, new guidelines have limited their sentencing discretion such as truth in sentencing (must serve full sentence). They have discretion on bail but the 8 th amendment protects against excessive bail. 3. restrictions on discretion – eg boy B. prosecutor – very broad, no one can override them C. defense – can bargain down charges, take any case they can get (only refuse if not area of expertise, conflict of interest, or don’t pay). D. 3 components which affect use of discretion are: a. community – judge and prosecutor are elected officials, so they want their decisions to reflect the values of the community so that they will be re-elected. for defense – views them as protecting criminals but they b. victim – if they cooperate it is easier for defense and prosecution to build a case and it influences whether the judge may be more lenient or harsh. c. workgroup – there is often a local legal culture, where the entire office shares the same values and norms. The judge, prosecutor, and defense might make decisions based on these norms which could also include going rates (shared opinions of sentencing for crimes). E. 3. three crimes: a. domestic violence – broad statute of ongoing relationship. Judge uses discretion when taking into account testimony of witnesses. Judge must take into account individual circumstances of crime. b. drunk driving – c. meth – decision to prosecute II. roles A. judge: 1. adjudicator – must be neutral when listening to each side, must uphold rights of the accused (3 roles) B. prosecutor – 4 roles
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This note was uploaded on 05/14/2008 for the course SOC 131 taught by Professor Shoemaker during the Spring '08 term at University of Wisconsin.

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CJ test 2 essays - Essay 1 I Discretion and factors A Judge...

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