A fresh look at agency discretion john m rogers university of kentucky college of law cies underlying the legal rule using the term all of this fits together reasonably well in the absence of factual disputes there is, however. Opinions of the office of legal counsel in volume 38 2 states both when dhs announces its program and at the time of application for deferred action and presents no other factors that, in the exercise of discretion. Discretion when it is said that something is left to the discretion of a judge, it signifies that he ought to decide according to the rules of equity, and the nature of circumstances. Define discretionary discretionary synonyms, discretionary pronunciation, discretionary translation, english dictionary definition of discretionary adj 1 left to or regulated by one's own discretion or judgment 2 legal dictionary financial dictionary acronyms idioms encyclopedia. Case opinion for us supreme court florida v wells read the court's full decision on findlaw not a legal leaving no room for discretion on the part of individual officers get legal forms about us. Practice advisory prosecutorial discretion in baltimore district by: (september 21, 2009), penn state legal studies research paper no 25-2010, available at ssrn: consider filing requests for prosecutorial discretion in appropriate cases which.
Police and sentencing discretion judge-made law is imposed upon the criminal adjudicatory proc-ess -public trial, unbiased tribunal, legal representation, open. Free essay: meanwhile, don weatherburn as director of bocscar expressed his concern as he stated it is na ve to imagine that a young offender, after years. Prosecutorial discretion refers to the fact that under american law, government prosecuting attorneys have nearly absolute powers a prosecuting attorney has power on various matters including those. The power of a judge, public official, or private party to make decisions based on his or her opinion within general legal guidelines discretion is often granted under a contract, trust, or will examples: 1) a judge may have discretion as to the amount of a fine or whether to grant a. Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence.
For adjustment case types that involve discretion, the exercise of favorable discretion and the approval of an adjustment application is a matter of administrative grace - meaning the application is worthy of favorable consideration [8. The phrase fettering discretion found its way into two important decisions released today in trinity western university v the law society of british columbia 2015 bcsc 2326 (twu-lsbc), the hon chief justice hinkson found that the law society of british columbia benchers. Definitiona standard of review used by appellate courts to review decisions of lower courts a judgment will be termed an abuse of discretion if the adjudicator has failed to exercise sound, reasonable, and legal decision-making skills. Definition of discretion: a liberty or privilege allowed to a judge, within the confines of right and justice, but independent of narrow and unbending rules of positive law, to decide and act in accordance with what is fair, equitable, and wholesome, as determined upon the peculiar circumstances.
Some of the world's leading law faculties have joined together to create an online database of legal terminology, all linked to a single english dictionary of law, with the aim of making it easier to understand and communicate legal concepts in different languages. Under what conditions and why do we in fact accept or tolerate discretion in a legal system must we accept discretion or tolerate discretion, and if so, why what values does the use of discretion menace, and what values does it maintain or promote. The legal definition of abuse of discretion is a decision of a judicial body based on an erroneous finding of fact or conclusion of law, or an improper application of law to fact. Prosecutorial discretion: lots of discretion despite the ethical requirements for government attorneys and the seriousness of criminal prosecution, prosecutors tend to have a lot of latitude regarding charging decisions legal information. I definitions a generally and matters of discretion when a mixed question of law and fact is presented, the standard of review turns on whether factual matters or legal matters predominate see id. What are the positives and negatives of police discretion in law enforcement update cancel promoted by avvo looking for legal help start with avvo read client reviews for local lawyers or ask a legal question in our free, anonymous q&a forum discretion is applied based on the officer's.
Enforcement prosecutorial discretion: certain victims principal legal advisor, prosecutorial discretion (oct 24 2005) memorandum from doris meissner, commissioner, immigration and naturalization service, exercising prosecutorial discretion (nov 17 2000. Prosecutorial discretion definition and meaning in the us legal system prosecutorial discretion is related to the nearly absolute powers that, under the us legal system, government prosecuting attorneys enjoy a us prosecuting attorney has power on various matters including those [. For a couple of years now, the phrase at its [or his or her] discretion has been at the back of my mind, and i've finally gotten around to giving it some thought this post addresses use of at its discretion in language of discretion, as in acme may at its discretion terminate this agreement.
Discretion is a pervasive phenomenon in legal systems it is of concern to lawyers because it can be a force for advancing the broad purposes of law and subverting them for social scientists this phenomenon is an important form of decision-making behavior, one in which legal rules are merely. Abuse of discretion is the most rigorous of the three standards by which common law court decisions are reviewed on appeal decision by a court that is so unreasonable in light of the facts of the case or is such an unreasonable deviation from legal precedent that it must be reversed.