Mostlylegal
11:43
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
judicial discretion
Read a random definition: livelode
A quick definition of judicial discretion:
When a judge makes a decision, they can use their own judgment to decide what is fair and right based on the law. This is called judicial discretion. It's like when a teacher gives you a choice between two punishments for breaking a rule. The judge can use their discretion to make a decision that fits the situation instead of just following the rules exactly. But the judge can't just make any decision they want, it has to be fair and make sense. If they make a bad decision, it can be appealed and changed.
A more thorough explanation:
Judicial discretion is the power given to judges to make decisions based on their own evaluation of a case, guided by the principles of law. This power is granted by the legislature and allows judges to make decisions that are fair and just, taking into account the unique circumstances of each case.
For example, in Ohio, Rule 59 of the rules of civil procedure allows courts to grant a new trial based on their "sound discretion." This means that the judge can decide whether or not to grant a new trial based on their own evaluation of the case, rather than following a strict set of rules.
In criminal law, certain penal code provisions, such as California's penal code 17(c), give judges the discretion to choose between different punishments for certain crimes. This means that the judge can decide what punishment is appropriate based on the specific circumstances of the case.
However, judges must use their discretion responsibly and make decisions that are sound and not arbitrary. If a judge abuses their discretion, their decision can be appealed. An abuse of discretion occurs when a judge makes a decision that is outside the bounds of reason or that results in a manifest miscarriage of justice.
For example, if a judge has the discretion to issue a misdemeanor or felony sentence and chooses the former solely out of disapproval for the punishment that would follow the latter, they have abused their discretion by making their decision using the wrong considerations.
Overall, judicial discretion is an important power that allows judges to make decisions that are fair and just, taking into account the unique circumstances of each case.