Legal Definitions - discretionary

When an action or decision is described as discretionary, it means that the person or entity making the choice has the authority to use their own judgment and assessment, rather than being bound by a rigid, pre-set rule or regulation. It implies a degree of freedom to consider various factors and make a decision based on the specific circumstances of a case.

• Judicial Sentencing: Imagine a judge presiding over a criminal case where a defendant has been found guilty. For many offenses, the law provides a sentencing range (e.g., 2 to 5 years in prison) rather than a single, mandatory sentence. The judge's decision within this range is discretionary.

  • How it illustrates the term: The judge doesn't simply apply a formula. Instead, they exercise discretion by considering various factors such as the severity of the crime, the defendant's past record, remorse, potential for rehabilitation, and the impact on victims. Based on their judgment of these unique circumstances, the judge chooses a specific sentence within the legally permitted range.

• University Admissions: Consider a university's admissions committee reviewing applications from prospective students. While there are often baseline requirements like minimum GPA or standardized test scores, the ultimate decision to admit a student is often discretionary.

  • How it illustrates the term: The committee doesn't just admit everyone who meets the minimum criteria. They use their discretion to evaluate essays, letters of recommendation, extracurricular activities, unique talents, and personal circumstances. They weigh these qualitative factors alongside quantitative data to make a holistic judgment about which applicants would best contribute to the university community, even if two applicants have similar academic records.