As
elsewhere in life, discretion is important in the criminal justice system. Courts often have to
deal with complex cases which don't result in easy answers. Yes, there are rules, but those
rules need to be interpreted by judges according to the specific facts of the case. Far from the
facts of the case being bent to fit the rules, the rules must be accommodated to fit the facts.
A "one size fits all" policy in relation to sentencing, though more predictable, would
undoubtedly lead to injustice, with disproportionate sentences becoming the norm.
Discretion is also important in that it allows...
No comments:
Post a Comment