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Created page with 'File:lighterstill.jpgright|frame *Date: [http://www.wikipedia.org/wiki/14th_Century 14th century] ==Definitions== *1 : the quality of...'
[[File:lighterstill.jpg]][[File:Spirit_of_Discretion_2.jpg|right|frame]]
*Date: [http://www.wikipedia.org/wiki/14th_Century 14th century]
==Definitions==
*1 : the [[quality]] of [[being]] discreet : circumspection; especially : cautious reserve in [[speech]]
*2 : [[ability]] to make [[responsible]] [[decisions]]
*3 a : [[individual]] [[choice]] or [[judgment]] <left the decision to his discretion>
:b : [[power]] of [[free]] decision or latitude of [[choice]] within certain [[legal]] [[Parameter|bounds]] <reached the age of discretion>
*4 : the result of separating or distinguishing
==Examples==
Positions of [[power]] are most often associated with the exercise of '''discretion''' as to how they will apply or [[exercise]] that [[power]].
In the [[criminal]] [[justice]] [[system]], police, prosecutors, [[judges]], and the [[jury]] are often able to exercise a [[degree]] of discretion in deciding who will be subject to criminal penalties and how they will be punished. For example, the police officer may decide whom to [[formally]] arrest for an offense. For a traffic violation, a police officer may simply issue a warning. A prosecutor may [[choose]] to pursue the same or [[different]] charges against the [[person]] a police officer has arrested. Discretion gives the prosecutor the power to dismiss a case against an arrestee based on factors such as the [[probability]] of [[conviction]], the [[nature]] of the offense, the characteristics of the offender, and availability of adequate civil remedies. Plea bargaining also plays a major role in determining charges.
The [[exercise]] of discretion by judges is an [[inherent]] aspect of judicial [[independence]] under the doctrine of the separation of powers. The [[standard]] of review applied to appeals from decisions involving the exercise of judicial discretion is "[[abuse]] of discretion."
[[Category: Law]]
[[Category: Philosophy]]
*Date: [http://www.wikipedia.org/wiki/14th_Century 14th century]
==Definitions==
*1 : the [[quality]] of [[being]] discreet : circumspection; especially : cautious reserve in [[speech]]
*2 : [[ability]] to make [[responsible]] [[decisions]]
*3 a : [[individual]] [[choice]] or [[judgment]] <left the decision to his discretion>
:b : [[power]] of [[free]] decision or latitude of [[choice]] within certain [[legal]] [[Parameter|bounds]] <reached the age of discretion>
*4 : the result of separating or distinguishing
==Examples==
Positions of [[power]] are most often associated with the exercise of '''discretion''' as to how they will apply or [[exercise]] that [[power]].
In the [[criminal]] [[justice]] [[system]], police, prosecutors, [[judges]], and the [[jury]] are often able to exercise a [[degree]] of discretion in deciding who will be subject to criminal penalties and how they will be punished. For example, the police officer may decide whom to [[formally]] arrest for an offense. For a traffic violation, a police officer may simply issue a warning. A prosecutor may [[choose]] to pursue the same or [[different]] charges against the [[person]] a police officer has arrested. Discretion gives the prosecutor the power to dismiss a case against an arrestee based on factors such as the [[probability]] of [[conviction]], the [[nature]] of the offense, the characteristics of the offender, and availability of adequate civil remedies. Plea bargaining also plays a major role in determining charges.
The [[exercise]] of discretion by judges is an [[inherent]] aspect of judicial [[independence]] under the doctrine of the separation of powers. The [[standard]] of review applied to appeals from decisions involving the exercise of judicial discretion is "[[abuse]] of discretion."
[[Category: Law]]
[[Category: Philosophy]]