Should judicial discretion be remove from sentencing process


Problem

Judges should be given no discretion in sentencing criminals: all criminal penalties should be fixed by statute. The exercise of discretion in sentencing requires an exercise of moral judgment by the judge, and judges in a modern democracy should not be allowed to exercise moral authority over their fellow citizens. How far do you agree? Should judicial discretion be removed from the sentencing process? Give reasons for your answer. Make an introduction, a thesis, three arguments, three evidence points for each argument (Canadian Cases, Statues, Charter, Acts etc.), and a well written conclusion summarizing everything and relating back to the thesis. Your arguments must refer to at least two different units of the course (ie. Constitutional, Human Rights, Criminal, International).

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