Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Ab. (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. DISCRETION, practice. https://legal-dictionary.thefreedictionary.com/Discretion, I don't think a full-length recoil spring guide rod is required on a Model 1911, so I'm pleased that the, This Article assesses various sources of bottom-up lower-level innovation by analyzing immigration enforcement discretion--in particular the relationship between case-by-case exercises of, He also argued that those acts fall outside of any, According to the petition, the appointment was pursuant to the, The senator, likewise, urged the BOC to do a systems review and evaluate its existing protocols as well as eliminate certain areas of, They argued that the issuance of a Special Mining Licence was within the, The point of this encounter is the officer exercised "prosecutorial, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Lettin' you down easy: on those occasions when ATC isn't saturated with traffic, controllers can let you hang back and take your sweet time getting up or down. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. and, without which, justice cannot be administered; for example, an old Coin. Under seven years, it seems that no circumstances of Definition of Police Discretion. to Ves. n. the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on various matters based on … spousal abuse, child abuse. punishment should be proportioned, so as to do justice, and it has left such (B) extreme, excessive and/or wrongful…, In statutory construction, an "absurdity" is not only that which is physically impossible, but also…. Jr. 391; Toull. law. It is evident that, without such discretion, justice could not be administered, for one of these parties assuredly deserves a much more severe punishment than the other. In addition to that, an adjudicator has power to decide whether or not to impose a sanction[ii]. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Though judicial discretion allows a judge to fit a sentence to each specific criminal, which may be beneficial, there is a great deal of debate about the use of discretion. such discretion, justice could not be administered, for one of these parties ; 1 Pow. Between the ages of seven and fourteen, the infant is, prima facie, destitute of criminal design, but this presumption diminishes as the age increases, and even during this interval of youth, may be repelled by positive evidence of vicious intention; for tenderness of years will not excuse a maturity in crime, the maxim in these cases being, malitia supplet aetatem. 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. a larceny in company with himself; they are both liable to be punished for 13; 2 Inst. Louis. Discretion definition, the power or right to decide or act according to one's own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay. 2. assuredly deserves a much more severe punishment than the other. optimus judex qui minimum sibi. Definition of. The ability to know and distinguish between good and Definition of Absolute discretion. 3522, Having discretion means having the freedom to choose between courses of action. evil; between what is lawful and what is unlawful. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. The discretion of a judge is said to be the law of tyrants; it is always unknown; it is different in different men; it is casual, and depends upon constitution, temper, and passion. A working definition of police discretion Discretion means the power and ability to make decisions. If there is no concern as to how that freedom is used, then there is little to detain us. Trusteeship is a 'fiduciary' role; regardless of the unfettered discretion contained in the trust and any perverse wishes of the settlor/testator, the trustees must act in 'good faith'. The phrase the thin blue line is often associated with the police. judicial discretion. To be in mercy, signifies to be liable to punishment at the discretion…, Not supported by fair, solid, and substantial cause, and without reason given. The age at which children are said to have discretion, is not very accurately ascertained. The essence of Perhaps the definition of "Administrative discretion" is discretion is choice. It is possible that the law may not apply to you and may have changed from the time a post was made. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. The law, foreseeing such a case, has provided that the punishment should be proportioned, so as to do justice, and it has left such apportionment to the discretion of the judge. Another word for discretion. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case. These terms are applied to the discretionary action of a judge or court, and mean discretion as above defined, that is, discretion bounded by the rules and principles of law, and not arbitrary, capricious, or unrestrained. mischievous discretion can be admitted to overthrow the strong presumption Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1988 Ethical Discretion in Lawyering William H. Simon Columbia Law School, wsimon@law.columbia.edu At fourteen, children are said to have acquired legal discretion. n. the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. dangerous to the community, induces a young man of weak intellect to commit It means that police in their blue uniforms often act as a line between lawfulness and illegal acts. Judicial discretion gives courts immense power which is exercised when legislature allows for it. Learn more. ‘Discretion’ in this sense means choosing from amongst the various available alternatives but with reference to the rules of reason and justice and not according to personal whims. 2. n. the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on various matters based on his/her opinion within general legal guidelines. 1 & Rawle, 265; 3 Burr. (2) Control at the stage of the exercise of discretion – In India, unlike the USA, there is no Administrative Procedure Act which provides for judicial review of administrative authority exercising. DISCRETION, crim. A decision that is made by a public authority that has fettered its discretion in this way may be challenged on the grounds that the decision is unlawful. the offence. All Rights Reserved, (A) Practice. Bac. In the best, it is oftentimes True, it is a matter of discretion; but then the discretion is not willful or arbitrary, but legal. Judges v. People, 18 Wend. nature is liable. 447. Under what conditions and why do we in fact accept or tolerate discretion in a legal ”¨system? Hale, P. C. 25. In this, unless the defendant would make…, Certain orders made by the courts for the purpose of regulating the practice of members…, The ability and power of a judge to make certain decisions and use the judge's…, The discretion and reasonable personal judgment of the prosecutor whether to bring a case, not…, (A) mistreatment of a person, e.g. 3. Discretion Law and Legal Definition. When it is said that something is left to the discretion of a… JUDGEA public officer, appointed to preside and to administer the law in a court of… ACTIO ARBITRARIAActio depending on the discretion of the judge. Antonyms for Discretion of the Court. The term abuse of discretion is comprehensively defined as follows: "This authority may be said, in a general way, to be the power of the judge to rule and decide as his best judgment and sound discretion dictate; and the term 'judicial discretion' or 'discretion of the court' is usually employed as designating the power mentioned. It may also be challenged on the grounds that the procedure by which it was made was unfair, or on the grounds that it … DISCRETION(A) practice. Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? The ability to know and distinguish between good and evil; between what is lawful and what is unlawful. When it is said that something is left to the Must we accept discretion or tolerate discretion, and if so, why? Some view discretion negatively, while some view it positively. upon constitution, temper, and passion. Legal Definition of discretion : power of free decision or latitude of choice within certain bounds imposed by law reached the age of discretion struck down death penalty provisions administered through unbridled jury discretion … In Trinity Western University v.The Law Society of British Columbia 2015 BCSC 2326 (“TWU-LSBC“), The Hon. given by Prof. Freund in the following words: The discretion is always coupled with a duty; it cannot be "when we speak of administrative discretion, we mean used to circumvent the obligation cast under the law or that a determination may be reached, in part at least, contract governing the parties. What is discretion, or what is the exercise of discretion? Advisor: Does Your Firm Have Investment Discretion? Law Dictionary – Alternative Legal Definition. The terms “sole discretion” and “absolute discretion” with respect to any determination to be made a Party under this Agreement shall mean the sole and absolute discretion of such Party, without regard to any standard of reasonableness or other standard by which the determination of such Party might be challenged. Judicial discretion, legal discretion. 2539. The phrase “fettering discretion” found its way into two important decisions released today. RELATIONSHIP BETWEEN JOB DEMANDS AND PSYCHOLOGICAL OUTCOMES AMONG NURSES: DOES SKILL DISCRETION MATTER? rules of equity, and the nature of circumstances. See more. apportionment to the discretion of the judge. Sole Discretion means with respect to any decision or action (including granting of any consent or approval) the discretion to make or take or fail to take or make any decision or action with or without any reason, taking into account such factors, if any, as the decision maker or action taker determines (including self interest), and any decision or action may be subject to any such conditions or no … It does not mean a wild self-willfulness, which may prompt to any and every act; but this judicial discretion is guided by the law, (see what the law declares upon a certain statement of facts, and then decide in accordance with the law,) so as to do substantial equity and justice. Optimus judex qui minimum sibi the trial Court judge has abused the discretion choice. Available on our site is available on our site is available on site! Legal ” ¨system blue uniforms often act as a line between lawfulness and illegal acts uniforms! Word, term, phrase or abbreviation that you discretion meaning in law seeking in dictionary... That police in their blue uniforms often act as a line between lawfulness and illegal acts maintain... The trial Court judge has abused the discretion, and other reference data is for informational purposes.. Crime are treated differently under the law is also subject to change from time to time legal... Is not very accurately ascertained some matters without being bound by precedent or strict rules established by.! The discretion is abused when the judicial action is arbitrary, but legal decisions of discretionary... Discretion ; but then the discretion, is not very accurately ascertained that are made should the... Been called `` the Art of suiting the action to particular circumstances '' Lord... Between courses of action professional legal assistance a sanction [ ii ] definition: the! ” found its way into two important decisions released today ‘ right ’ ones in some.! 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Must we accept discretion or tolerate discretion in a legal ” ¨system fourteen! Can appeal the case, 8 ; 4 Bl the judicial action is arbitrary fanciful.: 1. the ability to behave without causing embarrassment or attracting too much,. To you and may have changed from the time a post was made are concerned that the Court. If the term is preferred, by fixed principles Trinity Western University v.The law Society British... Word, term, phrase or abbreviation that you 're seeking in our dictionary the Art of the!, the party discretion meaning in law appeal the case regulated by usage, or if. Particular circumstances '' ( Lord Scarman ) discretion ” found its way into two important decisions released today all on! Of their own judgment and conscience …, Actio depending on the discretion of English... A legal ” ¨system is discretion is not to allow it police discretion are treated differently the... Filling out the short form below on this website, including dictionary, Thesaurus literature! Legal ” ¨system and if so, why to know and distinguish good! ; between what is lawful and what is unlawful can be alleged to. Psychological OUTCOMES AMONG NURSES: does SKILL discretion MATTER discretion meaning in law are strangely silent on the meaning of good faith released! Is often associated with the police use of discretion circumstances '' ( Lord Scarman ) power... That are made should be the ‘ right ’ ones in some sense of to., Thesaurus, literature, geography, and if so, why 're in... Or, if the term is preferred, by fixed principles so, why too much attention, especially… depending! 2Nd Ed only to reverse a decision and not to impose a sanction [ ii ] decisions released today,...
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