Discretionary decision means a decision requiring the exercise of judgment, with or without deliberation , on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether ...
What does discretion mean 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.
What is the difference between discretion and judgment?
The exercise of discretion and independent judgment implies that one has authority to make an independent choice, free from immediate direction or supervision . ... Thus, the term “discretion and independent judgment” does not require that the decisions being made have to be final or free from review.
How can a judge use discretion?
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.
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 . ... I leave that to your discretion.
What does exercise discretion mean?
The exercise of discretion and independent judgment implies that one has authority to make an independent choice, free from immediate direction or supervision . However, discretion and independent judgment can be exercised even if the decision or recommendation is reviewed at a higher level.
What does exercise judgement mean?
A manager’s core function is to exercise judgment—to form views and interpret ambiguous evidence in a way that will lead to a good decision .
Is police discretion a good thing?
Every person, no matter how minor their offense might be, would get arrested and taken to court to face charges without this presence of this principle. That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied .
What is the role of discretion?
Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns , or it serves as the means by which internal social norms of the criminal justice system prevent the ...
Why do we need discretion?
Discretion means the power and ability to make decisions . ... There are some departments that give their officers more discretion. They believe that by hiring good people, they are able to give more leeway to those individuals to ensure that the goals of public safety are obtained.
What influences a judge’s decision in a case?
5 To Haines, the factors most likely to influence judicial decisions are: (1) “direct influences” which include: (a) legal and political experiences ; (b) political affiliations and opinions; and (c) intellectual and temperamental traits; and (2) “indirect and remote influences” which include: (a) legal and general ...
What type of discretion do judges exercise?
what type of discretion do judges exercise? prosecuting attorneys exercise discretion when determining whether or not to bring charges against the arrestee.
Why do judges need discretion?
When judges impose a sentence there is always a question of discretion against the rule of law. ... The judge uses ‘ his or hers own moral judgement at his discretion to create a sentence which will not only rehabilitate the offender but also act as a deterrence to the general public.
Why is administrative discretion needed?
ADMINISTRATIVE DISCRETION- CONCEPT
According to COKE-Discretion is a science of understanding to discern between falsity and truth, between right and wrong, and not to do according to will not private affection . This power should be exercised independently by the authorities concerned according to their own assessment.
What does it mean to lack discretion?
n. 1 an insufficiency , shortage, or absence of something required or desired.
What does it mean to have no discretion?
little or no possibility of something to happen .
