The Manual does not instruct judges about what evidence to admit or exclude.
He instructed judges to record their observations of bias and to attend courses on it.
The positive part of soft conventionalism instructs judges to decide according to their own interpretation of the concrete requirements of legislation and precedent, even though this may be controversial, and this advice is not irrelevant in hard cases.
The situation occurs frequently because the Federal sentencing guidelines instruct judges to consider all "relevant conduct," and not just the conduct for which a defendant has been convicted, in determining the appropriate sentence.
The so-called rational-basis test, instructing judges to give maximum deference to whatever explanation the government provided, is scarcely a test at all, because the government nearly always prevails.
In 1150, Roger II issued a new law (novella) for Calabria and the Val di Crati, instructing judges on how to divide property among heirs.
The court handed down more than two dozen more reversals before upholding a death sentence, and it used the opportunity of the review process to instruct judges and prosecutors in how to conduct capital punishment trials.
The 5-to-4 decision instructed federal judges, in particular, to defer to the ruling of a state-court trial judge who concludes that a potential juror should be disqualified as unable to give appropriate consideration to imposing the death penalty.
The critics are alarmed not only by the secrecy proposal but also by the part of the package that instructs judges on factors to consider in deciding whether to dissolve or modify a secrecy order.
It comes three years after a Supreme Court ruling that instructed judges to be more aggressive in keeping speculative or unreliable scientific testimony away from juries.