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LSDefine

Simple English definitions for legal terms

discretion

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A quick definition of discretion:

Discretion is when someone in a position of power, like a judge or a police officer, can make decisions based on what they think is right or wrong. They have to follow the rules, but they can use their own judgment to decide how to apply them. For example, a judge might decide how much money someone has to pay as a fine. But if they make a decision that doesn't make sense, someone can ask a higher court to review it and make sure it was fair.

A more thorough explanation:

Discretion is the power given to judges, public officials, or private parties to make decisions based on their own judgment and conscience within general legal principles. It is the ability to judge between right and wrong, which is enough to hold one responsible for their own actions in criminal and tort law.

For instance, a judge may have discretion over the amount of a fine, and a prosecutor may have discretion when prosecuting a criminal case. However, discretion is considered to be abused when the judicial action is arbitrary, fanciful, or unreasonable.

If a plaintiff or defendant believes that the trial court judge has abused their discretion, they can appeal the case. The appellate judge's job is to review whether the trial court judge has acted properly and correctly applied the law. If reasonable people could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.

  • A judge may have discretion over the sentence given to a convicted criminal. For example, they may choose to give a shorter sentence if the defendant has shown remorse and is unlikely to reoffend.
  • A prosecutor may have discretion over whether to charge someone with a crime or not. For example, they may choose not to charge a first-time offender with a minor offense if they believe that a warning or community service would be more appropriate.

These examples illustrate how discretion allows judges and prosecutors to make decisions based on their own judgment and conscience within general legal principles. However, they must ensure that their decisions are not arbitrary, fanciful, or unreasonable.

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15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
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