CONSEQUENTLY, HE SUBMITS THAT THE ROLE OF APPELLATE COURTS SHOULD BE EXPANDED BY MAKING USE OF THE RULE'S ONE EXCEPTION, REVIEW FOR ABUSE OF DISCRETION. THE AUTHOR NOTES THAT THERE IS LITTLE INDICATION THAT THE ROLE OF NONREVIEW WILL BE ABOLISHED IN THE NEAR FUTURE. THE ABUSES WHICH THUS FAR HAVE BEEN RECOGNIZED AS A BASIS FOR REVIEW INCLUDE NONEXERCISE OF DISCRETION AND INCLUSION OF IMPROPER FACTORS IN THE SENTENCING DECISION, RELEVANT CASES ARE CITED FOR EACH OF THESE TYPES OF ABUSE. Such requests will be made in accordance with the relevant legislation, regulations and the External Scrutiny Protocol. THE ADVENT OF INDIVIDUALIZED SENTENCING, HOWEVER, HAS LEFT THE SENTENCING PROCESS MORE OPEN TO ABUSE OF DISCRETION MANY COURTS HAVE BEGUN TO DEVELOP A COMMON LAW OF SENTENCE REVIEW AIMED AT EXAMINING THE SENTENCING PROCESS - INCLUDING THE EXERCISE OF JUDICIAL DISCRETION - AS OPPOSED TO REVIEW OF THE SENTENCE ITSELF. Examples of External Scrutiny in a sentence.
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Scrutiny in a sentence trial#
WITHIN THE FEDERAL JUDICIAL SYSTEM AND THE MAJORITY OF STATE COURTS, DECISIONS AS TO THE TYPE AND LENGTH OF SENTENCE ARE SOLELY FOR THE DISCRETION OF THE TRIAL COURT MANY COURTS THEREFORE ADHERE TO A 'RULE OF NONREVIEW', WHICH STATES THAT CRIMINAL SENTENCES ARE UNREVIEWABLE ON APPEAL EXCEPT TO DETERMINE IF THEY ARE WITHIN STATUTORY LIMITS. High quality sentence examples for SCRUTINY from reliable contexts.
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