Sentencing Options

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Judges should be allowed to have more discretion in giving out sentences to various offenders. This is because it is the judges who actually take the facts, analyze them and depending on the impacts, they judge the totality of the kind of punishment the defendant deserves. Legislatures and the overall citizen initiatives lack some of the important information concerning the cases thus cannot result in the fair sentences that the judges capable of giving out (Gilchrist & Blissett, 2002). The law thus cannot be administered fairly or discretely if the individual judges are not empowered with the discretion to give their ruling depending on the variety of factors that surround the cases besides the verdicts themselves.

Through their discretion, judges are capable of fashioning sentences that accurately fit the defendant. The judges ensures this by evaluating the offender’s blameworthiness, prior records of crime, life history, current circumstances and the future dangerousness. Also determined are the defendant’s family history, work situation, motivation for crime and degree to his or her corporation in the prosecution process (retrieved from http://essayguard.com/services/admission-writing). All these when evaluated by the judges results in a sentencing that is fair to the defendant.

The victims and the community alike will benefit from the judge’s discretion on sentencing the individual defendants. This is owed from the fact that through their lawyers, the impact of the crime on the victims will be factored in the final decision on the kind of sentence the defendant deserves (Gilchrist & Blissett, 2002). The victims’ plea is taken into serious consideration by the jury and justice administered accordingly. This result in an open and fair justice administration and thus the whole community is able to maintain humble and peaceful coexistence among its members.

Policy Arguments

Policy Arguments

Policy Arguments

This refers to substantive justifications appealed to by judges when legal standards do not give clear dispute resolutions. The appeal is to values justifying a rule. The justification can be ethical or goal-based. The political role of the judiciary is guided by reason and standards accepted within the system. The political function of a judge can be ass assessed from the justifications provided.

Situations

Policy arguments are only applicable to cases where there are no clear answers provided by legal standards. Application to clear cases would interfere with the justification process which is not accepted by legal standard hence leading to criticism by the legal profession. A hard case gives realistic possibility for the judge to argue that there is no legal standard available from precedent, statute and other legal standards. The judge can therefore choose the standards to be applied since he or she has discretion over the solution reached. In some occasions the judge would still be force to use legal materials if the choice made is based on legal standards.

Language used has to be open-textured whereby meaning and concepts are not clear and the rule does not give a complete answer to the question posed by the law. Conflict between related situational legal rules has to be reconciled. There should be no definite rule for a particular situation. Therefore a judge would refer to general laws to determine alternative overall desired ruling. Competing principles of law should be weighed against each other. According to professional graduate paper writing service, the judge can choose the standards to apply where there is a disagreement about the correct result. In situations lacking any clear solution and possible solution are arguable, the judge must provide justification from legal materials.

Creativity

Exercising judicial discretion requires creativity which can be interpretation and rule-definition, choosing the values to be applied or giving personal views without legal guidance. In hard case situations, the judge’s choice of values to be applied should be creative since the possible interpretations chosen are politically important how they are exercised. Judges might make value-judgments similar to those of other branches of government. Discretion may import creativity into relatively low-level decisions depending on goal-desirability, means-effectiveness and means-desirability.

Goals and means can represent two kinds of political subordination. First is where a decision-maker has general power of action with limited constraints on policies to pursue. Second is where the decision-maker decides the extent of delegated legislation taking into account other values when compromised so that competing goals are balanced. Judges and administrators have to work within constraints imposed by statutes or values of legal system though differently depending on the situations of exercising discretion.

Judicial use of policy arguments

When there is agreement with the legal audience on the standards to be applied, common points should not be justified. If there is a consensus on the right way to interpret legal standards, it would not be necessary for the judge to justify decision. However, policy can be involved in cases appealing to sufficient consensus. The judge might rely on concept of appropriate policy to adopt in uncontroversial cases where correctness of policy can be argued. Common sense can be adopted as a policy argument which appeals to widely accepted substantive reasons. Judges are criticized for ignoring policy questions involved in their decision because they readily assume that there is no fundamental disagreement about the values to be applied.

Space Shuttle Challenger Disaster Investigation. How did Risk Management (or lack of) contribute?

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Mechanised malfunction emanating from human being mistake was the primary reason why the area Shuttle Challenger disintegrated and exploded midair. The airplane disintegrated hardly seventy 3 secs into its airline flight (Mannan, 2014). The primary instigator for your preliminary disintegration and explosion was the O-diamond ring program which was in position (McNeese, 2003). It really is quite perplexing to understand there had been preliminary issues from the general viability from the O-bands within the art. Professionals experienced place forth their booking concerning the general viability from the program. The NASA managers saw it prudent not to address these concerns prior to the flight that culminated in the deaths of the seven crew members, however.As the blast was an upcoming incidence, the fatalities from the team associates had been not. The problem within the O-diamond ring program instigated a sequence response that culminated within the devastation from the art. Professionals have postulated by using time, the O-diamond ring might have malfunctioned. Provided this conclusion, there arrives the problem of team security. Before the release, NASA experienced investigated the various possible get away system that the art might be equipped (Tkatchova, 2011). There have been issues there will be a requirement for the team to eject from your art in case of breakdown. Continue reading…

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Mechanised failing emanating from man error was the main reason why space Shuttle Challenger disintegrated and exploded midair. The airplane disintegrated seldom seventy three moments into its air travel (Mannan, 2014). The top instigator just for the earliest explosion and disintegration was the O-ring process that had been in place (McNeese, 2003). It is usually preferably perplexing to realize there happen to be starting concerns for the on the whole viability about the O-engagement rings involved in the craft. Masters experienced fit forth their reservation around the in general viability of a strategy. However, the NASA managers saw it prudent not to address these concerns prior to the flight that culminated in the deaths of the seven crew members.As the blast was an imminent existence, the deaths for the staff individuals ended up being not. The wrong doing around the O-band technique instigated a chain reaction that culminated throughout the deterioration of that create. Advisors have postulated by investing in time, the O-ring may have malfunctioned. Specific this acknowledgement, there comes along the situation of staff well-being. Prior to the start up, NASA got investigated the various prospective getaway process which the craft is usually equipped (Tkatchova, 2011). There were problems there will probably be dependence on the staff to eject away from the art in the eventuality of fail to function properly. Continue reading…

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