Judicial discretion refers to a scenario where the judge has the responsibility of making an independent choice when making a ruling following lack of fixed rule applying to the case. Judicial discretion enables the judge to demonstrate fairness before the law following the unique circumstances involved in a specific hearing where the law fails to give sufficient guidance. Using judicial discretion in a court of law enables the judge to achieve objectives of sentencing and factor in the perception of the society concerning the crime.
Judges should be allowed to use judicial discretion due to its capability in facilitating various objectives of sentencing. Firstly, judicial discretion enables the judge to factor in various goals of sentencing including punishing the offender and rehabilitation. Achieving a punishment that fits the offender based on the depth of the crime committed, it is vital to allow the judges practice judicial discretion. Consequently, the judges have the ability to analyze each case independently and identify all the involved risk factors. Furthermore, judicial discretion enables the judge to factor in the perception of the community on the crime that the offender committed (Freeborn & Hartmann, 2010). Accordingly, based on the present crime, the judge has the ability to condemn and instill fear among members of society from engaging in the practice based on the sentence given to the current offender. Subsequently, it becomes possible for the judge to prevent the recurrence or minimize the rate of a particular offence in a community.
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Indeed, judicial discretion enables the judge to independently analyze each case and identify unique factors that should influence the sentencing made. The judges should show their commitment towards the attainment of a sentence that will punish the offender and also facilitate rehabilitation. Furthermore, judges use judicial discretion to discourage members of a community from engaging in crimes due to the associated repercussions.
References
Freeborn, B. A., & Hartmann, M. E. (2010). Judicial Discretion and Sentencing Behavior: Did the Feeney Amendment Rein in District Judges? Journal of Empirical Legal Studies , 7 (2), 355–378. https://doi.org/10.1111/j.1740-1461.2010.01181.x
