"The Art of suiting action to particular circumstances" Lord Scarman
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."
The term often comes as part of "Viewer Discretion Is Advised" warning on TV shows before the show begins. In this context, VDA implies the show's content may not be suitable for all viewers.
Administrative discretion and environmental regulation: agency substantive rules and court decisions in U.S. air and water quality policies.(Report)
May 01, 2009; Introduction The proper balance between democratic control of the bureaucracy and the professional Discretion has long...
Managerial Discretion and Corporate Governance in Publicly Traded Firms: Evidence from the Property-Liability Insurance Industry
Sep 01, 2011; ABSTRACT We study the incremental impact of corporate governance in mitigating managerial Discretion, controlling for...