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Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings , such as whether evidence is excluded at a trial , may be exercised by a judge . The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed.
The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a legal abuse and a threat to the rule of law. This concept is closely related to prosecutorial discretion .
An abuse of discretion is a failure to take into proper consideration, the facts and laws relating to a particular matter; an arbitrary or unreasonable departure from ...
The failure to exercise reasonable judgment or discretion is abuse of discretion. [4] "I think that in our system of government, where law ends, tyranny need not begin. Where law ends, discretion begins, and the exercise of discretion may mean either beneficence or tyranny, either justice or injustice, either reasonableness or arbitrariness."
In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an "abuse of discretion" standard of review. Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion.
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of ...
Attorneys for Hunter Biden in a filing Thursday evening outlined some of the arguments they may bring in the upcoming gun trial in Delaware, including his state of mind when he purchased a firearm ...
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. [1] A similar principle in continental law countries is called the principle of opportunity .