See the order instruction Essay Example | Topics and Well Written Essays - 500 words

See the order instruction - Essay Example As a result, cases are heard faster, relieving the judicial system of backlog cases. The court, through its discretion to waiver mandatory penalties, also ensures justice to defendants in cases where such mandatory penalties would be unjust. A robber may for example be in possession of a gun and even point it at the victims but may not have had a slightest intention of using such a weapon. The mandatory penalty would however assume that the defendant intended to use the weapon, leading to injustice to the defendant. The waiver court alternatively ensures justice as was held by judge Snite in Martin Lucas’ case. Another role of the waiver court is to attract cases from the formal jury courts by providing for the waiver. This reduces the number of cases for strict jury processes. The waiver court has the implication of reducing defendants’ possible penalties. This is however possible at the judge’s discretion though defense lawyers intimidate the waivers. An example of such implication was in the case of Wayne Nesmith who could have faced a mandatory life imprisonment under first-degree murder but ended up with a sentence of between ten to twenty years. The system however implies possible injustice to victims. This is because it considers non-legal aspects such as defendants’ goodwill and intimidation from the defense representatives at the expense of the victims’ justice. An example is the case of Nesmith who shot a victim six times at close range but still got a waiver. Lack of intention is highly questionable in the circumstances. The waiver court does not fulfill all the goals of the system that include retribution, rehabilitation, deterrence, and incapacitation. While it fulfils retribution by recognizing defendants’ guilty plea to waiver mandatory sentences, it only partially meets the goals of deterrence and incapacitation that are