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Simple English definitions for legal terms

judicial discretion

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A quick definition of judicial discretion:

When a judge makes a decision, they can use their own judgment to decide what is fair and right based on the law. This is called judicial discretion. It's like when a teacher gives you a choice between two punishments for breaking a rule. The judge can use their discretion to make a decision that fits the situation instead of just following the rules exactly. But the judge can't just make any decision they want, it has to be fair and make sense. If they make a bad decision, it can be appealed and changed.

A more thorough explanation:

Judicial discretion is the power given to judges to make decisions based on their own evaluation of a case, guided by the principles of law. This power is granted by the legislature and allows judges to make decisions that are fair and just, taking into account the unique circumstances of each case.

For example, in Ohio, Rule 59 of the rules of civil procedure allows courts to grant a new trial based on their "sound discretion." This means that the judge can decide whether or not to grant a new trial based on their own evaluation of the case, rather than following a strict set of rules.

In criminal law, certain penal code provisions, such as California's penal code 17(c), give judges the discretion to choose between different punishments for certain crimes. This means that the judge can decide what punishment is appropriate based on the specific circumstances of the case.

However, judges must use their discretion responsibly and make decisions that are sound and not arbitrary. If a judge abuses their discretion, their decision can be appealed. An abuse of discretion occurs when a judge makes a decision that is outside the bounds of reason or that results in a manifest miscarriage of justice.

For example, if a judge has the discretion to issue a misdemeanor or felony sentence and chooses the former solely out of disapproval for the punishment that would follow the latter, they have abused their discretion by making their decision using the wrong considerations.

Overall, judicial discretion is an important power that allows judges to make decisions that are fair and just, taking into account the unique circumstances of each case.

judicial administration | judicial ethics

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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