Criminal Justice Administration Taking Into Term Paper

Total Length: 798 words ( 3 double-spaced pages)

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" (Weinstein, 2003) This range is dependent upon the charges that are brought against the defendant in the criminal case as well as "some aspects of the conduct underlying the charges." (Weinstein, 2003) Judges are legally required to "impose a specific sentence is subject to the exercise of discretion in two areas" which are those of:

1) the judge makes the determination that the sentence must be within the Guideline range; and 2) in cases which involve downward departures where the sentence imposed may be below the applicable guidelines range. (Weinstein, 2003)

Judges are naturally sought by the public for the purpose of influencing the outcomes in cases which they preside over. And public opinion must surely, at least to some extent, and depending upon the ethics within the specific community, exert some influence upon the opinions and rulings of a judge in some cases. Just as well, the Judge cannot but help to feel pressure from the opinions of other political figures within the same state or county in which they serve. And as well, the employees of a Judge may oftentimes feel that the Judge has imposed too harsh a punishment upon a community member who is well thought of although they have been found guilty of some type of criminal offense.
However, the bottom line for a judge in handing down decisions on cases are very much bound to interpretation of foregoing case law in similar cases and in federal and state sentencing guidelines that are imposed as a matter of law upon the judge often with no to little discretion. This is also true in other areas of law as well such as the Rule 32 Guidelines which have been set out in child support determinations in divorce and custody cases in domestic court.

Bibliography

O'Malley, T. (nd) Sentencing Values and Sentencing Structures. Judicial Studies Institute Journal. Vol. 203 No. 201. Online available at http://www.jsijournal.ie/html/Volume%203%20No.%201/3%5B1%5D_O'Malley_Sentencing%20Values%20and%20Sentencing%20Structures.pdf.

Weinstein, I. (2003) Fifteen years after the federal sentencing revolution: how mandatory minimums have undermined effective and just narcotics sentencing..(Perspectives on the Federal Sentencing Guidelines and Mandatory Sentencing) 1 Jan 2003. American Criminal Law Review.

Criminal Justice Administration.....

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