Final answer:
The practice a judge is using when referring to a prior ruling in a similar case to justify their sentence is known as following precedent, a concept rooted in Common Law. This ensures consistency in the legal system and adheres to the principle of stare decisis, applying previous rulings to current cases to guide judgments.
Step-by-step explanation:
Ruling by Precedent in Criminal Justice
When a judge refers to a previous ruling or sentencing from a similar case to inform their current decision, they are engaging in the practice of adhering to precedent. This is a fundamental concept in Common Law systems and is referred to as stare decisis. This legal principle ensures consistency and predictability in the law by obliging courts to apply the same reasoning to similar facts. Precedent is part of case law, which is derived from court decisions and opinions, shaping the body of Common Law.
In the United States, the judicial system is divided into state and federal courts, with state laws governing the authority of state courts. This differentiation means that rulings can vary based on jurisdiction, particularly in instances where state laws do not align with national legislation.
Because the crime in question has been brought to court, it falls under criminal law, which is concerned with conduct harmful to others and establishes rules and punishments for such conduct. The context in which this judge is issuing a sentence indicates the practical application of criminal justice concepts in a real-world setting, demonstrating theory meeting practice. It is integral for judges to ensure that their decisions are rooted in legal precedents to maintain the integrity of the legal system.