Therefore, the Crown and the defence will often make a joint submission where they will both recommend the same sentence, or ( much more commonly ) a relatively narrow range ( with the Crown arguing for a sentence at the upper end of the range and the defence arguing for a sentence at the lower end ) so as to maintain the visibility of the judge's ability to exercise discretion.

Judges are not bound to impose a sentence within the range of a joint submission, and a judge's disregard for a joint submission is not in itself grounds for the sentence to be altered on appeal.

One approach, offered by the logical school of thought, suggests that the problem arises in a self-contradictory self-referencing statement at the heart of the judge's sentence.

However, the conclusion is more precisely that in order for the prisoner to carry out his argument that the judge's sentence cannot be fulfilled, he must interpret the judge's announcement as ( B ).

The public utterance of the sentence and its context changes the judge's meaning to something like " there will be a surprise hanging despite my having told you that there will be a surprise hanging ".

Then the judge's sentence becomes: You will be hanged tomorrow, but you do not know that.

Finding that the trial court judge's " views appear too entrenched to allow for the appearance of fairness on remand ," the appellate court ordered that Ressam be re-sentenced by a different district court judge from the one who had handed down the original sentence.

The lighter sentence was due in part to Snyder's parents forgiving Heatley for the accident, their desire that he not be sent to prison, and the judge's opinion that Heatley being in prison would not benefit the community.

Prosecutors challenged the judge's reduction of Watson's sentence, and an appellate court agreed that the reduction was inaccurate and probably too lenient.

* In October 2000, Woolf reduced the minimum sentence of Jon Venables and Robert Thompson for the murder of James Bulger by two years in recognition of their good behaviour and remorse shown while in detention, effectively restoring the original trial judge's eight-year recommended minimum sentence.

A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation.

" Blakely appealed, arguing that this unexpected additional factfinding on the judge's part violated his Sixth Amendment right under Apprendi v. New Jersey,, to have the jury determine beyond a reasonable doubt all the facts legally necessary to his sentence.

The Apprendi rule ensures that " the judge's authority to sentence derives wholly from the jury's verdict.

The state-placement of ex-criminal offenders to a " halfway house " after a prison sentence may either be decided upon as part of the judge's sentence or by a prison official's recommendation.

He is eventually sentenced to prison, but his sentence is suspended on the condition that he does not move into the judge's neighborhood.

The first shot is of Marker lying awake in bed with the judge's voice going through his head, passing sentence on him.

In March 2006, Mitchell was granted leave to appeal against his conviction ( and his length of sentence ) at the High Court of Justiciary sitting as the Court of Criminal Appeal in Edinburgh, on the grounds of the trial judge's refusal to hear the original case outside of the city.

The first objection often raised to the logical school's approach is that it fails to explain how the judge's announcement appears to be vindicated after the fact.

However, the Book of Judges always mentions the years of oppression in contrast to the period of a judge's dispensation ; since the early parts of Eli's rule do not appear to occur during a time of oppression, this appears to rule out any overlap with the Philistine oppression that Samson, a previous judge, had lived under.

In time, a rule, known as stare decisis ( also commonly known as precedent ) developed, whereby a judge would be bound to follow the decision of an earlier judge ; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another.

Maimonides argued that executing a defendant on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof, until we would be convicting merely " according to the judge's caprice ".

This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on " a preponderance of evidence ", where enhancement could be based on the judge's findings alone.

If the judge's statement is self-contradictory, how does he manage to be right all along?

This objection rests on an understanding of the conclusion to be that the judge's statement is self-contradictory and therefore the source of the paradox.

It may be argued that the judge's pronouncement that something is true can never be sufficient grounds for the prisoner knowing that it is true.

In some jurisdictions, the judge's powers may be shared with a jury.

For example, the horse's straightness going across the diagonal may be assessed by judges at M and H. Judges in the United States are licensed by the USEF for different levels of competition, depending on the judge's experience and training.

" The motion also alleged that one juror, who did not take notes, had breached the judge's instructions not to be " influenced by another juror's notes.

Since the 1960s, routine tasks like resolving discovery disputes can, in the district judge's discretion, be referred to magistrate judges.

Magistrate judges can also be requested to prepare reports and recommendations on contested matters for the district judge's consideration or, with the consent of all parties, to assume complete jurisdiction over a case including conducting the trial.

Valentinus replied that all of the idols around the judge's house should be broken, the judge should fast for three days, and then undergo baptism.

For most school rules, there is a " standard fine " mandated for breaking them, somewhat equivalent to a judge's sentencing guidelines, but a different fine can still be proposed.

The statement is made in a legal motion filed last year, but kept secret until Tuesday, when it was unsealed at a judge's order.

Often referred to simply as " contempt ," such as a person " held in contempt ," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process.

Finally, Marshall pointed to the judge's oath requiring them to uphold the Constitution, and to the Supremacy Clause of the Constitution, which lists the " Constitution " before the " laws of the United States.

Rather, what is impossible is a situation in which the hanging occurs on Tuesday despite the prisoner knowing on Monday evening that the judge's assertions S1, S2, and S3 are all true.

In the United States, for example, if a Social Security Disability Insurance claimant is found " not disabled " ( and, therefore, ineligible for benefits ) by an Administrative Law Judge ( ALJ ) and the claimant appeals, both the Appeals Council ( the body within the Social Security Administration that hears appeals from decisions of ALJs ) and the Federal courts ( which, in this type of case, will normally hear an appeal only after the claimant has exhausted all administrative remedies ) will look to see whether the administrative law judge's decision was supported by " substantial evidence " or not.

A U. S. federal judge used the version of the legend in which the Danaides are forced to perform an impossible task as a simile for the judge's task of determining whether a case " arises under " the Constitution, laws or treaties of the United States.

Several of these statements were cited by the judge's decision in Irving's lawsuit against Penguin Books and Deborah Lipstadt, leading the judge to conclude that Irving " had on many occasions spoken in terms which are plainly racist.

This specified which types of crimes were bailable and set bounds on a judge's discretion in setting bail.

Few jurisdictions have specific shoplifting legislation with which to differentiate it from other forms of theft, so reduced penalties are usually at a judge's discretion.

During one heated exchange, Kunstler informed Hoffman that his entry on " Who's Who " was three times longer than the judge's, to which the judge replied " I hope you get a better obituary ".

The judge's ruling was subsequently reversed in June 1999 by the U. S. 11th Circuit Court of Appeals in Atlanta, which also overturned the jury verdict and declared that the judge in the case was wrong in issuing a finding of fault with the pilots, a role which should have been reserved for the jury only.

Other, less frequently used case structures include the narrative, an anecdotal or non-fiction account designed to appeal to the judge's emotions with a framework explaining why emotional reaction is important ; resolutional kritik, which argues that a fundamental assumption of the resolution is flawed / offensive and thus it can't / shouldn't be debated or proven true ; and discourse kritik, which argues that the effects of an action one's opponent has taken during or in relation to the round should outweigh consideration of the resolution.

The prosecution had tried to withdraw the case when it became clear that the judge's jury instructions would specify that the murder charge required that the deaths occurred within U. S. jurisdiction, which it had been unable to show.

Although it is clear that Gascoigne did not hold office long under Henry V, it is not impossible that the scene in the fifth act of Shakespeare's Henry IV, Part 2, ( in which Henry V is crowned king, and assures Gascoigne that he shall continue to hold his post ), could have some historical basis, and that the judge's resignation shortly thereafter was voluntary.

Voss also claimed that Internet service provider T-Online saved his dynamic IP address, which was turned over to law enforcement agencies without a judge's order, for several months in disagreement with German laws ( which only allow the saving of IP addresses for as long as is necessary for billing ), and initiated legal action in a separate case which he won January 25, 2006.

On water issues, Whitman opposed further restrictions on water supply in the Central Valley and suggested President Obama should overturn a federal judge's ruling under provisions in the Endangered Species Act which reduced water supplies another 5 % to 7 %.

The judge's main authority was Jones v. Clear Creek ISD ( Clear Creek ISD being another Houston-area school district ), which allows certain school prayers.

Her mother Debbie would later become prominent in the struggle to maintain and enforce the judge's gag order about the trials of Mahaffy's killers, and the videotapes they made of their own crimes which were used as evidence against them.

Definitions which are open to human interpretation cause much ill-will at conformation shows when exhibitors disagree with the decision of the judge, despite the fact that the fanciers hire the judges and pay entry fees for the judge's opinion of their breeding stock.

This speech is often the determining factor for a judge's decision in a closely contested round, as it allows the judge to hear which arguments / evidence each team views as the most important to his or her case, and summarizes the entire debate.

" Superintendent June Atkinson filed a lawsuit against the governor, which resulted in a judge's ruling that the superintendent had the constitutional authority to run the system.