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He pays lip service to his duty as a lower court judge to apply Supreme Court precedent, but his reasoning and result brazenly flout it.
The sentence came with a "terrorism enhancement" provision that allows a judge to apply a harsher standard if the crime fits the traditional concept of "terrorism".
Now he asked the judge to apply the criminal standard of proof, of beyond reasonable doubt as opposed to the usual balance of probability.
The problem with the law, its critics say, is that it requires the judge to apply an annual 4percentt increase in the amount of the award, even if the jury has already adjusted the annual amount for inflation.
The sentence came with a "terrorism enhancement" provision that allows a judge to apply a harsher standard if the crime fits the traditional concept of "terrorism". But does it?
"The real losers are the reputation of the Spanish judiciary and those — in Spain, in detention at Guantánamo or in countries around the world where there is no justice — who knew they could count on at least one independent judge to apply human rights laws without fear of the political consequences".
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So let us consider the standards the system requires the judges to apply.
Frye became the federal standard for judges to apply in evaluating scientific evidence.
As a result, there is little state law for federal judges to apply in this area.
But that rule of deference was one developed for judges to apply to themselves, Justice Breyer said.
"I got the impression that the policy [of allowing only judges to apply] might have changed," said Sumption.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com