Legal aid ontario (lao), an independent but publicly funded and publicly accountable non-profit corporation none of this material may be commercially reproduced, but copying for other purposes, with credit, is encouraged. Understanding prosecutorial discretion in immigration law to defer the removal of young people who qualified for legal permanent residence until such time as . 1 i owe much of the content of this article to legal analysis and surveys of this discretion is exercised on a case-by-case basis, 12 in which.
‛the discretion of a trial judge is not a whimsical, uncontrolled power, but a legal discretion, which is subject to the limitations of legal principles governing the subject of its action, and to reversal on appeal where no reasonable basis for the action is shown. Prosecutorial discretion prosecutorial discretion definition and meaning in the us legal system prosecutorial discretion is related to the nearly absolute powers that, under the us legal system, government prosecuting attorneys enjoy a. The world law dictionary project english may be the common language of the world, but the common law is not the common law of the world that’s why, in a unique project, translegal has teamed up with leading law schools from around the world to create an online multilingual law dictionary linking the world’s legal languages to a single english law dictionary.
This post addresses use of at its discretion in language of discretion, as in acme may at its discretion terminate this agreement adams on contract drafting. Discretion freedom given to the floor broker by an investor to use his judgment regarding the execution of an order discretion can be limited, as in the case of a limit order . Definition of prosecutorial discretion: a privilege given to the prosecuting attorney in deciding whether to prosecute or to plea bargain, recommend parole,. 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.
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion under the doctrine of the separation of powers, the ability of judges to exercise . Sole discretion refers to the legal ability to be the only person who has deciding power over a given situation for example, if a relative dies, but grants one child "sole discretion" over the will, only that child has legal rights to act on be. Judicial discretion n the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. Define discretion discretion synonyms, discretion pronunciation, discretion translation, english dictionary definition of discretion or advice of a legal .
Discretion law and legal definition discretion is 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. Prosecutorial discretion refers to the fact that under american law, government prosecuting attorneys have nearly absolute powers a prosecuting attorney has power on various matters including those. Discretion quotes from brainyquote, an extensive collection of quotations by famous authors, celebrities, and newsmakers. The issues that explore and reflect the role of discretion within our criminal justice system are police discretion, charge negotiation and judicial discretion in sentencing the first aspect of the legal system in which discretion is used is in the powers given to police in the criminal investigative process.
Discretion has the meaning of acting on one's own authority and judgement in law, discretion as to legal rulings, such as whether evidence is excluded at a trial . Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook this trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs. In this lesson, we will discuss the role of the prosecutor is in our legal system and how prosecutorial discretion comes into play we'll talk. Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives legislatures, the president and the governors of the various states, trial and appellate judges, and administrative agencies are among the public officers and offices .
The issues that explore and reflect the role of discretion within our criminal justice system are police discretion, charge negotiation and judicial discretion in sentencing the first aspect of the legal system in which discretion is used is in theshow more content. Definition of discretion: a liberty or privilege allowed to a judge, within the confines of right and justice, but independent of narrow and unbending rules of positive law, to decide and act in accordance with what is fair, equitable, and wholesome, as determined upon the peculiar circumstances of the case, and as discerned by his personal. Exercising prosecutorial discretion consistent with the priorities ofthe agency for the apprehension, detention, and removal ofaliens the following memoranda related to prosecutorial discretion are rescinded:.