prosecutorial discretion definition
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Prosecution: Prosecutorial Discretion - Varieties Of Discretion, Subjects Of Prosecutorial Discretion, Standards Of Prosecutorial Judgment, Controlling Prosecutorial Discretion plea sentencing attorney criminal. The term prosecutorial discretion refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.
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Discretion Some view discretion negatively, while some view it positively. Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Discretion has been called the Art of suiting action to particular circumstances (Lord Scarman).
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- Administrative discretion pertains to agency enforcement and rulemaking activities (Bryner 1987). Existing treatments of the positive theory of bureaucratic discretion have generally focused on only the supply-side of this concept as a means to determine the amount of discretion agencies obtain by treating it strictly as a choice of politicians (e.g., Bawn 1995; Calvert, McCubbins, and
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- There is considerable disagreement on whether providing confidential information to prosecutors in exchange for leniency amounts to a waiver of the privilege and thus entitles private adversaries to the same information.
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- In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge.Some view discretion negatively, while some view it positively.Discretion is at all levels of law enforcement.n law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it positively. Discretion is at all levels of law enforcement.
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What is DISCRETION? It does not mean a wild self-willfulness, which may prompt to any and every act; but this judicial discretion is guided by the law, (see what the law declares upon a certain statement of facts, and then decide in accordance with the law,) so as to do substantial equity and justice.43.True, it is a matter of discretion; but then the discretion is not willful or arbitrary,but legal. And, although its exercise be not purely a matter of law, yet it “involves amatter of law or legal inference,” in the language of the Code, and an appeal will lie.Lovinier v. Pea no, 70 N. C. 171.
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discretion 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. In the best, it is oftentimes caprice; in the worst, it is every vice, folly, and passion, to which human nature is liable.
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Glossary of Terms (Refers to when the day's court session begins) Conviction The determination of guilty based on a plea, a jury verdict, or a finding of a judicial officer. Counseling Attorney Attorneys provided by the Public Defender's office to advise defendants of their rights and approach to their cases.
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discretion 1 the quality of behaving or speaking in such a way as to avoid social embarrassment or distress. 2 freedom or authority to make judgments and to act as one sees fit (esp. in the phrases at one's own discretion, at the discretion of) 3 ♦ age or years of discretion the age at which a person is considered to be able to manage his own affairs. English Collins Dictionary - English Definition & Thesaurus.
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discretion dis·cre·tion. n. 1. The quality of being discreet; circumspection: the almost unknown young man who lived in the upper room ... coming and going with discretion (Doris Lessing).iscretion. n. 1. the quality of behaving or speaking in such a way as to avoid social embarrassment or distress. 2. freedom or authority to make judgments and to act as one sees fit (esp in the phrases at one's own discretion, at the discretion of).
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English proverbs Discretion. The ability to make decisions on one's own without the need to consult others. For example, a discretionary account gives a broker the right to make significant investment decisions without permission from or even consultation with the account's owner. discretion is the better part of valor. 2  discretion is the better part of valor. 3  discretion is the better part of valor. 4  Discretion is the better part of valour. 5  Discretion of the Court. 6  Discretion of the Court. 7  Discretion of the Court.
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Differential of a function This is because the derivative fx with respect to the particular parameter x gives the sensitivity of the function f to a change in x, in particular the error Δx. As they are assumed to be independent, the analysis describes the worst-case scenario.
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Abuse of Discretion abuse of discretion. n. a polite way of saying a trial judge has made such a bad mistake (clearly against reason and evidence or against established law) during a trial or on ruling on a motion and that a person did not get a fair trial.
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Discretion 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, may be exercised by a judge. Some view discretion negatively, while some view it positively. Discretion is at all levels of law enforcement.
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- Definition of DISCRETIONARY ACCOUNT. : a security or commodity market account in which an agent (as a broker) is given power of attorney so as to be able to make independent decisions and buy and sell for the principal's account.ADVERTISEMENT.efinition of DISCRETIONARY ACCOUNT. : a security or commodity market account in which an agent (as a broker) is given power of attorney so as to be able to make independent decisions and buy and sell for the principal's account. ADVERTISEMENT.
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- In the current use of the totality of circumstances approach, courts have complete discretion to determine whether or not a juvenile waived their Miranda rights knowingly, voluntarily, and competently during interrogation.
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- Unfortunately, prosecutorial discretion defies precise definition or application. There is no specific formula to apply in every situation. exercise of discretion requires flexibility to bal ance competing interests. exercise of prosecutorial discretion.
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prosecutor LINK / CITE ADD TO WORD LIST. noun. The definition of a prosecutor is a lawyer who represents the people and who works for some type of government body, such as a District Attorney's office. A lawyer who takes legal action against someone accused of murder is an example of a prosecutor.
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Prosecutor Prosecutor - Common law jurisdictions. 1  Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the court in which they intend to represent society (that is, they have been admitted to the bar).
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Prosecutor However, privately funded prosecutors constituted a significant element of the state criminal justice system throughout the nineteenth century. The use of a private prosecutor was incorporated into the common law of Virginia, but is no longer permitted there.
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Special prosecutor Special prosecutor. A special prosecutor (or special counsel or independent counsel) is a lawyer appointed to investigate and possibly prosecute a specific legal case of potential wrongdoing for which a conflict of interest exists for the usual prosecuting authority.
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- Translations for 'discretion'. 1  British English: discretion Discretion is the quality of behaving in a quiet and controlled way without attracting attention or giving away private information.He sometimes joined in the fun, but with more discretion.dɪˈskrɛʃən NOUN.ranslations for 'discretion'. 1  British English: discretion Discretion is the quality of behaving in a quiet and controlled way without attracting attention or giving away private information.He sometimes joined in the fun, but with more discretion.dɪˈskrɛʃən NOUN.
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Police Discretion Definition Police Discretion Definition. Police discretion is a vague term that has an appropriately vague definition. It is defined as the decision-making power afforded to police officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. How it looks in practice is different from situation to situation.
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Police Discretion Please sign up to read full document. Text Preview. Police discretion by definition is the power to make decisions of policy and practice. Police have the choice to enforce certain laws and how they will be enforced. Some law is always or almost always enforced, some is never or almost never enforced, and some is sometimes enforced and sometimes not (Davis, p.1).