Judicial Discretion Quotes

Speak the speech, I pray you, as I pronounced it to you, trippingly on the tongue. But if you mouth it, as many of our players do, I had as lief the town crier spoke my lines. Nor do not saw the air too much with your hand, thus, by use all gently, for in the very torrent, tempest, and (as I may say) whirlwind of your passion, you must acquire and beget a temperance that may give it smoothness. O, it offends me to the soul to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of the groundlings, who for the most part are capable of nothing but inexplicable dumb shows and noise. I would have such a fellow whipped for o'erdoing Termagant. It out-herods Herod. Pray you avoid it. Be not too tame neither, but let your own discretion be your tutor. Suit the action to the word, the word to the action, with this special observance, that you o'erstep not the modesty of nature. For anything so overdone is from the purpose of playing, whose end, both at the first and now, was and is, to hold, as 'twere, the mirror up to nature, to show virtue her own feature, scorn her own image, and the very age and body of the time his form and pressure. Now this overdone, or come tardy off, though it make the unskillful laugh, cannot but make the judicious grieve, the censure of the which one must in your allowance o'erweigh a whole theatre of others. O, there be players that I have seen play, and heard others praise, and that highly (not to speak profanely), that neither having th' accent of Christians, nor the gait of Christian, pagan, nor man, have so strutted and bellowed that I have thought some of Nature's journeymen had made men, and not made them well, they imitated humanity so abominably. Reform it altogether! And let those that play your clowns speak no more than is set down for them, for there be of them that will themselves laugh, to set on some quantity of barren spectators to laugh too, though in the mean time some necessary question of the play be then to be considered. That's villainous and shows a most pitiful ambition in the fool that uses it. Go make you ready.

There are really only two standards of appellate review: plenary and deferential. Conventionally there are four basic standards (with many variants), which in ascending order of deference to the trial court or administrative agency are de novo, clearly erroneous, substantial evidence, and abuse of discretion. But the last three are, in practice, the same, because finer distinctions are beyond judges’ cognitive capacity. The multiplication of unusual distinctions is a familiar judicial pathology.

The most comprehensive studies of racial bias in the exercise of prosecutorial and judicial discretion involve the treatment of juveniles. These studies have shown that youth of color are more likely to be arrested, detained, formally charged, transferred to adult court, and confined to secure residential facilities than their white counterparts.65 A report in 2000 observed that among youth who have never been sent to a juvenile prison before, African Americans were more than six times as likely as whites to be sentenced to prison for identical crimes.66 A study sponsored by the U.S. Justice Department and several of the nation’s leading foundations, published in 2007, found that the impact of the biased treatment is magnified with each additional step into the criminal justice system. African American youth account for 16 percent of all youth, 28 percent of all juvenile arrests, 35 percent of the youth waived to adult criminal court, and 58 percent of youth admitted to state adult prison.67 A major reason for these disparities is unconscious and conscious racial biases infecting decision making. In the state of Washington, for example, a review of juvenile sentencing reports found that prosecutors routinely described black and white offenders differently.68 Blacks committed crimes because of internal personality flaws such as disrespect. Whites did so because of external conditions such as family conflict. The risk that prosecutorial discretion will be racially biased is especially acute in the drug enforcement context, where virtually identical behavior is susceptible to a wide variety of interpretations and responses and the media imagery and political discourse has been so thoroughly racialized. Whether a kid is perceived as a dangerous drug-dealing thug or instead is viewed as a good kid who was merely experimenting with drugs and selling to a few of his friends has to do with the ways in which information about illegal drug activity is processed and interpreted, in a social climate in which drug dealing is racially defined. As a former U.S. Attorney explained: I had an [assistant U.S. attorney who] wanted to drop the gun charge against the defendant [in a case in which] there were no extenuating circumstances. I asked, “Why do you want to drop the gun offense?” And he said, “‘He’s a rural guy and grew up on a farm. The gun he had with him was a rifle. He’s a good ol’ boy, and all good ol’ boys have rifles, and it’s not like he was a gun-toting drug dealer.” But he was a gun-toting drug dealer, exactly.

Thus, though there is a psychological tendency of accepting the judge’s verdict and reasoning as expert reasoning and tinge of finality adorned to his discretely reasoned judgement, what cannot be forgotten is even judges are human with a fallibility in veins and to err is but human, hence placing  complete dependence on judicial reasoning also would be a folly, but it can be accepted as  a workable hypothesis, in my opinion.Further only concrete strands of tested reasoning and principles drawn from those concrete raison d’être , can be considered as one of the ingredient in concrete law making.

The rule of law does not require that official or judicial decision-makers should be deprived of all discretion, but it does require that no discretion should be unconstrained so as to be potentially arbitrary. No discretion may be legally unfettered.

The elimination of judicial discretion through mandatory sentencing laws has forced judges to impose sentences for drug crimes that are often longer than those violent criminals receive.

Even more telling was the Judicial Article’s silence on issues of judicial apportionment. The precise apportionment rules for the House, Senate, and presidential electors appeared prominently in the Legislative and Executive Articles. These rules reflected weeks of intense debate and compromise at Philadelphia and generated extensive discussion during the ratification process. Yet the Judicial Article said absolutely nothing about how the large and small states, Northerners and Southerners, Easterners and Westerners, and so on, were to be balanced on the Supreme Court. This gaping silence suggests that the Founding generation envisioned the Court chiefly as an organ enforcing federal statutes and ensuring state compliance with federal norms. Just as it made sense to give the political branches wide discretion to shape the postal service, treasury department, or any other federal agency carrying out congressional policy, so, too, it made sense to allow Congress and the president to contour the federal judiciary as they saw fit.

The elimination of judicial discretion through mandatory sentencing laws has forced judges to impose sentences for drug crimes that are often longer than those violent criminals receive. When

This doctrine vastly expanded judicial discretion and opened a loophole large enough to tolerate many trusts.