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SPECIFICS OF IMPLEMENTATION OF JUDICIAL CONSIDERATION WITHIN JUDICIAL DISCRETION
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The night is dark and full of hesitation. The latest step in the legal trajectory of assisted suicide in Italy: through tentative judicial openings, bioethical contradictions and the Parliament's deafness. [PDF]
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Understanding judicial discretion
Law and Philosophy, 1982The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise
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On the limits of judicial discretion
Scientific works "Adilet", 2022In the article, the author draws attention to some proposals presented in the project to reform the judicial system. Particular attention is paid to the proposal to provide judges with the opportunity to make decisions based on the principles of law. It is noted that this does not take into account the provisions of the Civil Code of the Republic of ...
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Federal Sentencing Reporter, 1993
As an 18 year veteran of the Federal Probation System I have personally experienced the changes caused by implementation of the guidelines. I was sworn-in as Chief Probation Officer for the District of Connecticut in late June 1987 and attended a national conference for CPOs two days later. It became clear to me within a few hours that my primary focus
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As an 18 year veteran of the Federal Probation System I have personally experienced the changes caused by implementation of the guidelines. I was sworn-in as Chief Probation Officer for the District of Connecticut in late June 1987 and attended a national conference for CPOs two days later. It became clear to me within a few hours that my primary focus
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The Concept of Judicial Discretion
2001The debate on judicial discretion and its limits gained considerable attention from legal theorists in the 1930’s. One of the reasons accounting for this increase in interest was the loss of influence of certain maxims of theoretical positivism as a way of describing the structural characteristics of legal orders1.
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Grappling with Judicial Discretion in Complex Times
Journal of Law, Medicine & EthicsAbstract When areas of the law are ambiguous or untested, such as in the compassionate release cases that proliferated during the height of the COVID-19 pandemic, district judges must rely on their discretion to fill in legal gaps. Discretion can be beneficial, because it means that it allows district judges to consider factors that ...
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