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Sat 02 Feb 2010Judicial discretion and case law principles set jail term duration
ANALYSIS:SENTENCING IS one of the most discussed and least understood aspects of the criminal justice system. Claims of leniency in sentencing are rife among both politicians and the public at large. The usual remedy proposed is either mandatory sentences for a range of offences or sentencing guidelines.
The problem with mandatory sentences is that they infringe the principle of judicial discretion, an aspect of judicial independence which is protected by the Constitution. What is the point of having judges at all if they are not allowed to make decisions based on the evidence they hear during the whole of a trial and all the circumstances of a case?
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