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9 Nov 2014, 6:46 pm
It makes the Sentencing Commission's guidelines binding on the courts, although it preserves for the judge the discretion to depart from the guideline applicable to a particular case if the judge finds an aggravating or mitigating factor present that the Commission did not adequately consider when formulating guidelines. [read post]
1 Nov 2014, 3:09 am
We then consider the way in which these power divisions are policed by introducing the concepts of separation of powers and checks and balances. [read post]