Judicial discretion
Judicial discretion is the inherent power of the
judiciary to make legal decisions according to theirdiscretion . Under the doctrine of theseparation of powers , the ability ofjudge s to exercise discretion is an important aspect ofjudicial independence . Where appropriate, judicial discretion gives a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down bylegislation ,precedent or custom (seeultra vires ), the court may have abused its discretion.Concerns with regard to
recidivism and other law and order issues has led to the introduction ofmandatory sentencing laws which significantly limit judicial discretion in sentencing, particularly in the United States.Family law
For example, in matters involving parental responsibility, the court may grant residence or contact to one or both parents, or to other parties of significance to the children (eg. grandparents). In the absence of a significant error of law or in the assessment of evidence, an appellate court may not overturn the
lower court 's parenting orders. However, if onappeal it is established that an incapable parent was granted residence, the court's decision may be overturned. Nevertheless, there is arebuttable presumption that a trial judge or jury as thetrier of fact made a competent decision from the available testimony and other evidence.References
*Gelsthorpe & Padfield (2003) Exercising Discretion: Decision-making in the criminal justice system and beyond
*Loraine Gelsthorpe and Nicola Padfield, "eds." (2003) "Exercising discretion: Decision-making in the criminal justice system and beyond"
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Look at other dictionaries:
judicial discretion — n: discretion(a) Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. judicial discretion … Law dictionary
judicial discretion — A discretion to be exercised judicially rather than arbitrarily. A discretion founded upon the facts and circumstances presented to the court, from which it must draw a conclusion governed by the law. People v Rosner, 78 Cal App 497, 248 P 683.… … Ballentine's law dictionary
judicial discretion — Term is a broad and elastic one which is equated with sound judgment of court to be exercised according to rules of law. People v. Russel, 70 Cal.Rptr. 210, 215, 448 P.2d 794. The option the trial judge has in doing or not doing a thing that… … Black's law dictionary
judicial discretion — judge s assessment, freedom of decision by a judge … English contemporary dictionary
judicial discretion — noun : the choice among possible decisions exercised by a judge according to the principles of justice and equity in the absence of a specific rule of law governing the case … Useful english dictionary
exercise of judicial discretion — See judicial discretion … Ballentine's law dictionary
Discretion — Discretion, Tacuinum Sanitatis casanatensis (XIV secolo) Discretion is a noun in the English language with several meanings revolving around the judgment of the person exercising the characteristic … Wikipedia
discretion — dis·cre·tion /dis kre shən/ n: power of free decision or latitude of choice within certain bounds imposed by law reached the age of discretion struck down death penalty provisions administered through unbridled jury discretion L. H. Tribe: as a:… … Law dictionary
discretion — When applied to public functionaries, discretion means a power or right conferred upon them by law of acting officially in certain circumstances, according to the dictates of their own judgment and conscience, uncontrolled by the judgment or… … Black's law dictionary
discretion — When applied to public functionaries, discretion means a power or right conferred upon them by law of acting officially in certain circumstances, according to the dictates of their own judgment and conscience, uncontrolled by the judgment or… … Black's law dictionary
