FACTOID # 125: India’s criminal courts acquitted over a million defendants in 1999, more than the next 48 surveyed countries combined.
 
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Encyclopedia > Discretion
Discretion, tacuinum sanitatis casanatensis (XIV secolo)

Discretion is a noun in the English language. Image File history File links Size of this preview: 540 × 599 pixel Image in higher resolution (1000 × 1110 pixel, file size: 262 KB, MIME type: image/jpeg) Tacuina sanitatis (XIV century) +/- File links The following pages on the English Wikipedia link to this file (pages on other projects are not... Image File history File links Size of this preview: 540 × 599 pixel Image in higher resolution (1000 × 1110 pixel, file size: 262 KB, MIME type: image/jpeg) Tacuina sanitatis (XIV century) +/- File links The following pages on the English Wikipedia link to this file (pages on other projects are not... The Tacuinum (sometimes Taccuinum) Sanitatis is a medieval handbook on wellness, based on the Taqwin al‑sihha (Tables of Health), an Arab medical treatise by Ibn Butlan; it exists in several variant Latin versions, the manuscripts of which are profusely illustrated. ... In English, a noun or noun substantive is a lexical category which can co-occur with (in)definite articles and attributive adjectives, and function as the head of a noun phrase. ... The English language is a West Germanic language that originates in England. ...


Meanings

The word has two main meanings:


1) a discreet or prudent manner (as in the proverb "discretion is the better part of valour") Prudence, by Luca Giordano Allegory of Prudence, by Simon Vouet Look up Prudence, prudence in Wiktionary, the free dictionary. ... For the music piece by Steve Reich see Proverb (Reich) Look up proverb in Wiktionary, the free dictionary. ...


2) the ability to act or make a decision according to one's own choice Choice consists of that mental process of thinking involved with the process of judging the merits of multiple options and selecting one for action. ...


Examples

Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. Much of the recent sociological debate on power revolves around the issue of constraining and/or enabling nature of 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 charge with an offense. For a traffic violation, a police officer may simply issue a warning. A prosecutor may pursue different charges against the members of a group of suspects. Plea bargaining also plays a major role in determining charges. Criminal justice system flowchart Criminal justice refers to the system used by government to maintain social control, prevent crime, enforce laws, and administer justice. ... The examples and perspective in this article or section may not represent a worldwide view. ... This article or section does not adequately cite its references or sources. ... This article or section does not adequately cite its references or sources. ... A penalty is a punishment: a legal sentence, e. ... In law, an offense (or offence) is a violation of the penal law. ... Look up warning in Wiktionary, the free dictionary. ... A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ...


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." This article or section does not adequately cite its references or sources. ... Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ... It has been suggested that Balance of powers be merged into this article or section. ... Standard of review is the view an appellate court gives to an issue on appeal. ... It has been suggested that Mandate (law) be merged into this article or section. ... In many actions at law or cases in equity the judge is not required by statute or precedent to make a predetermined decision; but is able to make a decision within a range of decisions. ...


  Results from FactBites:
 
29CFR541.202 - Discretion and independent judgment. (0 words)
In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered.
(b) The phrase ``discretion and independent judgment'' must be applied in the light of all the facts involved in the particular employment situation in which the question arises.
Thus, the term ``discretion and independent judgment'' does not require that the decisions made by an employee have a finality that goes with unlimited authority and a complete absence of review.
Legal Definition of 'Discretion' (0 words)
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.
The discretion of a judge is said to be the law of tyrants; it is always unknown; it is different in different men; it is casual and depends upon constitution, temper, and passion.
Under seven years, it seems that no circumstances of mischievous discretion can be admitted to overthrow the strong presumption of innocence, which is raised by an age so tender.
  More results at FactBites »


 

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