The phrase “fettering discretion” found its way into two important decisions released today. Definition of. True, it is a matter of discretion; but then the discretion is not willful or arbitrary, but legal. This is somewhat vague, but so is the concept of police discretion. Bl. a larceny in company with himself; they are both liable to be punished for The age at which children are said to have discretion, is not very Hale, P. C. 25. The concept of discretion refers to decisions where the law does not dictate a specific outcome, or where the decision-maker is given a choice of options within a statutorily imposed set of boundaries. The ability to know and distinguish between good and n. the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. Discretion has been called "the Art of suiting the action to particular circumstances" (Lord Scarman). Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Must we accept discretion or tolerate discretion, and if so, why? nature is liable. It may also be challenged on the grounds that the procedure by which it was made was unfair, or on the grounds that it … spousal abuse, child abuse. Learn more. 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. 1 Faber v. Bruner, 13 Mo 543. Giving someone discretion is giving them that freedom. Ab. The essence of Perhaps the definition of "Administrative discretion" is discretion is choice. Judges v. People, 18 Wend. Between the ages of seven and fourteen, the infant is, prima Some view discretion negatively, while some view it positively. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful. It means that police in their blue uniforms often act as a line between lawfulness and illegal acts. Another contract enables a party to act but only if the other side gives its consent which is "not to be unreasonably withheld". Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. to Ves. 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 … Under seven years, it seems that no circumstances of There is a species of discretion which is authorized by express law, 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. Find more ways to say discretion, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. © Copyright 1995 - 2015 TheLaw.com LLC. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. 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. Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1988 Ethical Discretion in Lawyering William H. Simon Columbia Law School, wsimon@law.columbia.edu Administrative law judges have discretion to abstain from participating in a legal proceeding due to a conflict of interest of the adjudicator[i]. liv. 3, n. 338; 1 Lill. Louis. Another word for discretion. (B) extreme, excessive and/or wrongful…, In statutory construction, an "absurdity" is not only that which is physically impossible, but also…. 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. : an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case — compare clearly erroneous Learn More about abuse of discretion Share abuse of discretion Dictionary Entries near abuse of … 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. age increases, and even during this interval of youth, may be repelled by aetatem. But more often we are concerned that the choices that are made should be the ‘right’ ones in some sense. discretion definition: 1. the ability to behave without causing embarrassment or attracting too much attention, especially…. In the best, it is oftentimes accurately ascertained. (B) crim. apportionment to the discretion of the judge. Law Dictionary – Alternative Legal Definition. It is a public official’s power to act in certain circumstances according to personal judgment. the offence. Discretion Law and Legal Definition. Many would argue it is unfair that individuals who are responsible for committing the same crime are treated differently under the law. No. Definition of Absolute discretion. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Treloar v. Bigge,…, Actio depending on the discretion of the judge. At fourteen, children are said to have acquired legal discretion. Y.) Such exercise is not to be arbitrary, vague and fanciful, but legal and regular. Having discretion means having the freedom to choose between courses of action. 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. offender, a man of much intelligence and cunning, whose talents render him Bac. 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. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. 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. 2. Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file. Jr. 391; Toull. In the context of policing, discretion means that officers are given some leeway on which they can rely as they make choices that impact the people they are policing. 50, 298; 4 Serg. 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. ‘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. DISCRETION, crim. discretion. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Discretion is 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. All information available on our site is available on an "AS-IS" basis. 2. of innocence, which is raised by an age so tender. 2. Code, art. All Rights Reserved, (A) Practice. 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. RELATIONSHIP BETWEEN JOB DEMANDS AND PSYCHOLOGICAL OUTCOMES AMONG NURSES: DOES SKILL DISCRETION MATTER? law. At fourteen, children are said to have acquired legal discretion. 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 … punishment should be proportioned, so as to do justice, and it has left such DISCRETION(A) practice. DISCRETION, practice. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. Those in a position of powerare most often able to exercise d… More often we are concerned that the choices that are made discretion meaning in law be the ‘ ’... 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