Define: Discretion

Discretion
Discretion
Quick Summary of Discretion

“Discretion” refers to the power or authority granted to someone, typically a judge or a public official, to make decisions based on their own judgement and interpretation of the law, rather than being strictly bound by specific rules or regulations. It involves the ability to exercise judgement and choose among various options when making decisions. Discretion is often exercised in legal contexts such as sentencing, where judges have discretion to determine appropriate penalties within the bounds of the law, or in administrative decision-making, where officials have discretion to interpret regulations and policies in specific cases.

What is the dictionary definition of Discretion?
Dictionary Definition of Discretion
n. the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on various matters based on his/her opinion within general legal guidelines. Examples: a) a judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial; b) a trustee or executor of an estate may have discretion to divide assets among the beneficiaries so long as the value to each is approximately equal; c) a District Attorney may have discretion to charge a crime as a misdemeanor (maximum term of one year) or felony; d) a Governor may have discretion to grant a pardon; or e) a planning commission may use its discretion to grant or not to grant a variance to a zoning ordinance.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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