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Volume :45 Issue : 173 2019      Add To Cart                                                                    Download

The Discretionary Judge's Power to Tighten the Sentence - A Comparative Study.

Auther : Dr. Yousef H. AlMutairi

     The purpose of this paper is to shed light on an important issue of criminal justice. The understanding and interpretation of the discretionary power of the criminal judge and the limits and justifications of this authority, as well as the comparison between the factors that push the judge to tighten the penalty for the perpetrator in both the Kuwaiti Criminal Law and the Federal Criminal Law In order to reach the best results and recommendations that could benefit the Kuwaiti legislator.
     This paper raises important questions about the discretion of the Kuwaiti criminal judge in comparison to those of the American federal criminal judge such as, the limits and justifications of this authority, and the factors that lead the Kuwaiti criminal judge and the American federal criminal judge to tighten the punishment on the perpetrator, the discretion of the criminal judge, the limits of the discretionary power of the criminal judge when assessing the penalty for the accused, factors to tighten the sentence on the accused and finally the justification for applying the factors of tightening the penalty.

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Dec 26, 2021

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