The concept of discretion in German administrative law and its separation from judicial discretion

Sentencing guidelines, judicial discretion and plea bargaining

The United States Sentencing Commission was created to develop federal sentencing guidelines, which restrict judicial discretion and were found to increase the average sentence length while leaving unchanged the likelihood of resolution through plea bargaining. A game theoretic model is developed in which a sentencing commission may impose guidelines or defer to judicial discretion; then a defe...

1 Discretion , Rule of Law , and Rationality

When John Adams crafted wording that the state shall establish "a government of laws and not of men" into the constitution of the Commonwealth of Massachusetts in 1780, he did not specify precisely where, in the real world, the boundaries of law should end and where officials should begin to exercise discretion in interpreting and enforcing the laws. The founding fathers gave us organizing prin...

Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing

Discontinuous Tradition of Sentencing Discretion: Koon's Failure to Recognize the Reshaping of Judicial Discretion under the Guidelines, The

Looked at from a general science of law, the effective individualizing agency in the administration of justice is discretion .... Discretion is an authority conferred by law to act in certain conditions or situations in accordance with an official's or an official agency's own considered judgment and conscience .'

The Illusion of Discretion

Discretion is the thesis that if one has sufficient evidence for p, it is epistemically permissible for one either to believe p or be agnostic on whether p. This paper argues that Discretion is not as obvious as many assume—indeed, that it is false. §1 observes that Discretion is not supported by the fact that we lack positive epistemic duties to take doxastic stances on propositions. §2 consid...