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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 .
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.
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.
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."
Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation , by binding precedent , or by a constitution , the court may be abusing its discretion and undermining the rule of law .
Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. [1] Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression.
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 ...
Law has an overarching doctrine of reasonableness. It is derived from a hypothetical reasonable person, a standard by which a law is explained to a jury. The reasonable person, and reasonableness itself, extends to the concept of reasonable and probable grounds as a justification for the exercise of power (or discretion).