Judicial Discretion

[krandason25]

Jurisdiction

Oklahoma

I am not sure if this is the right place to be asking this question but I am doing research for school on the abuse of judical discretion. I was wondering if someone could point me in the right direction for a case where they have discussed and "defined" what judicial discretion and the abuse of judicial discretion is. Preferably from and Oklahoma Court, 10th Circut Court, Or the United States Supreme Court. Thanks

 

[adjusterjack]

Go to google scholar. Click on case law. Click on select courts. Click on Oklahoma and all courts will be checked. Also click on US Supreme court and 10th Circuit if you want all cases to come up at once. Click on done at the bottom. Search page comes up. Put your search parameters in the search area at the top of the page.

Google Scholar

Try either judicial discretion or abuse of judicial discretion.

 

[krandason25]

Go to google scholar. Click on case law. Click on select courts. Click on Oklahoma and all courts will be checked. Also click on US Supreme court and 10th Circuit if you want all cases to come up at once. Click on done at the bottom. Search page comes up. Put your search parameters in the search area at the top of the page.

Google Scholar

Try either judicial discretion or abuse of judicial discretion.

That's what I have been doing but the cases I'm getting aren't very helpful. That's why I asked on here, was hoping maybe someone knew of a case that deal with it.!

 

[adjusterjack]

That's what I have been doing

You might have said so.

the cases I'm getting aren't very helpful.

Really?

Cite me one or two of those case decisions that you read and tell me why they weren't helpful.

 

[krandason25]

You might have said so.



Really?

Cite me one or two of those case decisions that you read and tell me why they weren't helpful.

yes sorry i didnt mention that i was using google scholar and i am also ussing www.oscn.net which is a very helpful site for Oklahoma courts.

There are a couple i looked at and some of them talk about judicial discretion and the abuse of it but i really need a "definition" from the courts.

United States v. Booker 543 U.S. 220 (2005)
Burns v. United States 287 U.S. 216 (1932)
Brian Michael Gall, Petitioner v. United States 128 S. Ct. 586 (2007)

 

[krandason25]

You might have said so.



Really?

Cite me one or two of those case decisions that you read and tell me why they weren't helpful.

I have reached out to my professor and she has said that there are many cases that define the abuse of judicial discretion although i have not found one. Maybe i am just overlooking it when reading opinions and decissions. I haven't stopped looking just getting a little disheartened because i have spent hours looking

 

[adjusterjack]

There's an old saying: Give a man a fish and he eats for a day, teach a man to fish and he eats for a lifetime.

My dilemma involves drawing a fine line between giving you the fish and teaching you to fish.

I sometimes forget that people who come here with questions don't have the experience that I have so let's see if I can steer you in the right direction.

You're correct that the three cases don't actually "define" abuse of judicial discretion. Indeed, one of them (Booker) doesn't even use the words although the other two do.

However, all three address what a judge did or didn't do and you can infer the definition of abuse of judicial discretion by what the judge did or did not do and whether the appellate court reversed or did not reverse his decision.

So, in the interest of teaching you how to fish, please re-read all three decisions and let's test your analytical prowess.

In each case take the following steps:

1 - Determine the limitations on the trial judge's discretion. (Hint - His discretion is his ability to make decisions as he sees fit.)

2 - Determine if the trial judge strayed from those limitations.

3 - Determine if the appellate court agreed or disagreed with his decisions.

In each of the three cases writing down the answers to those three questions shouldn't take more than a few sentences each.

Once you have answered those three question for each case, then give me what you think is the definition of abuse of judicial discretion.

Here are the complete decisions for all three cases:

BURNS v. UNITED STATES.

UNITED STATES V. BOOKER

GALL v. UNITED STATES

 

[krandason25]

There's an old saying: Give a man a fish and he eats for a day, teach a man to fish and he eats for a lifetime.

My dilemma involves drawing a fine line between giving you the fish and teaching you to fish.

I sometimes forget that people who come here with questions don't have the experience that I have so let's see if I can steer you in the right direction.

You're correct that the three cases don't actually "define" abuse of judicial discretion. Indeed, one of them (Booker) doesn't even use the words although the other two do.

However, all three address what a judge did or didn't do and you can infer the definition of abuse of judicial discretion by what the judge did or did not do and whether the appellate court reversed or did not reverse his decision.

So, in the interest of teaching you how to fish, please re-read all three decisions and let's test your analytical prowess.

In each case take the following steps:

1 - Determine the limitations on the trial judge's discretion. (Hint - His discretion is his ability to make decisions as he sees fit.)

2 - Determine if the trial judge strayed from those limitations.

3 - Determine if the appellate court agreed or disagreed with his decisions.

In each of the three cases writing down the answers to those three questions shouldn't take more than a few sentences each.

Once you have answered those three question for each case, then give me what you think is the definition of abuse of judicial discretion.

Here are the complete decisions for all three cases:

BURNS v. UNITED STATES.

UNITED STATES V. BOOKER

GALL v. UNITED STATES

Yes i agree i dont want to be given the answers but it is hard to guide without giving answer with a question like mine. Thank you for the assistance and I will proabably do this just to help my self out further with the paper. I did however finally finding cases "defining" all of the terms i needed. Now my next step is finding data that is current and relevent to how judges use discretion. I know several sites to use so i guess i will see if i can find any uselful sets of data. no luck yet but i wont give up

 

[krandason25]

I am currently doing a reasearch paper for my undergradute in Justice Administration. My research topic is "Does the abuse of jusdicial discretion influence just outcomes?" I need to find some good current data on judicial discretion and I am not having any luck at the moment. I have looked through a couple of sites including:
National Institute of Justice
Department of Justice
National Criminal Justice Reference Servie
Bureau of Justice Statistics

If anyone has any ofhter departments or sites that I could check I would greatly appreciate it. Or if you know of any studies done that pertainto this topic I would greatly appreciate it as well

Thanks

 

[krandason25]

There's an old saying: Give a man a fish and he eats for a day, teach a man to fish and he eats for a lifetime.

My dilemma involves drawing a fine line between giving you the fish and teaching you to fish.

I sometimes forget that people who come here with questions don't have the experience that I have so let's see if I can steer you in the right direction.

You're correct that the three cases don't actually "define" abuse of judicial discretion. Indeed, one of them (Booker) doesn't even use the words although the other two do.

However, all three address what a judge did or didn't do and you can infer the definition of abuse of judicial discretion by what the judge did or did not do and whether the appellate court reversed or did not reverse his decision.

So, in the interest of teaching you how to fish, please re-read all three decisions and let's test your analytical prowess.

In each case take the following steps:

1 - Determine the limitations on the trial judge's discretion. (Hint - His discretion is his ability to make decisions as he sees fit.)

2 - Determine if the trial judge strayed from those limitations.

3 - Determine if the appellate court agreed or disagreed with his decisions.

In each of the three cases writing down the answers to those three questions shouldn't take more than a few sentences each.

Once you have answered those three question for each case, then give me what you think is the definition of abuse of judicial discretion.

Here are the complete decisions for all three cases:

BURNS v. UNITED STATES.

UNITED STATES V. BOOKER

GALL v. UNITED STATES

To give you a full disclosure on what i am doing i wanted to share this, i created a new thread with this information. If you could help out some more i would appreciate it but if not it is ok. You have been a lot of help so far.

I am currently doing a reasearch paper for my undergradute in Justice Administration. My research topic is "Does the abuse of jusdicial discretion influence just outcomes?" I need to find some good current data on judicial discretion and I am not having any luck at the moment. I have looked through a couple of sites including:
National Institute of Justice
Department of Justice
National Criminal Justice Reference Servie
Bureau of Justice Statistics

If anyone has any ofhter departments or sites that I could check I would greatly appreciate it. Or if you know of any studies done that pertainto this topic I would greatly appreciate it as well

 

[army judge]

Here you go:

Let me google that for you