Table of Contents
What discretion means in law?
Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.
Why is discretion important in courts?
Judicial Discretion Definition Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent.
What is the purpose of discretion?
Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense.
What is an example of discretion?
Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. An example of discretion is not talking about politics at family dinners.
What is discretion according to criminal justice?
Introduction. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.
Why are judges given discretion when they make a decision?
“By employing the discretion of a judge to impose the appropriate sentence in the specific case before them, it allows that sentence to better achieve all of the goals of sentencing, including deterrence, rehabilitation, and denunciation.”
How is discretion used in the courtroom?
Judicial discretion refers to a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.
Who has right to discretion?
Introduction. Judicial Discretion is one of the important powers of the judiciary where the judges can take decisions in some matter without following any fixed rule or established law. The concept of discretionary power is an instance which shows the independence of our judiciary.
What is government discretion?
An agency’s ability to decide whether or not to take certain courses of action when implementing existing laws.
Do judges have discretion in making law?
truth that judges have some law-making authority: in all possible legal systems, judges decide legally unregulated cases by making new law in the exercise of discretion.