DISCRETION

Discretion is defined as when one acts on one’s authority and judgment. In law, discretion can be observed as to discretion to legal rulings, e.g. whether evidence is excluded at a trial, may be exercised by a judge. Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. The ability to make decisions that represent a responsible choice and for which an understanding of what is lawful, right, or wise may be presupposed.

In law, discretion is defined as the ability of a judge to choose instead of where, how and with what severity to sentence a person who has been convicted.

In the legal system, discretion is often defined as the ability of a judge to choose where, how, and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a police officer arresting a person on the street (criminal) or evicting someone from an apartment (civil) or anywhere in between. Some arguments implementing discretion overrules or weakens the rule of law. However, laws cannot be written without using discretion, and therefore the rule of law serves to guide discretion towards societal expectations, norms and, at least in part, public interest.