Abuse of discretion occurs when a court exceeds legal boundaries, depriving someone of a fair trial. It’s difficult to prove, but if found, a higher court may overturn the judgment. Judges have some discretion, but applying the wrong law or acting illegally is an abuse. Bad faith isn’t necessary to prove abuse. Higher courts need […]
Prosecutors have the power of discretion to decide whether to bring allegations to court and what charges to file. This power is limited by civil rights laws, and prosecutors must document their decision-making process. Plea bargaining is also subject to prosecutorial discretion. Some legal systems do not allow for prosecutorial discretion. Prosecution discretion is the […]
The abuse of discretion standard is used by appellate courts to review lower court judgments or administrative agency decisions. It applies to certain legal matters and requires the court to decide if a decision was arbitrary, capricious, or unreasonable. The standard is used for issues such as prosecutorial misconduct, admission or exclusion of evidence, motions […]
Judicial discretion is the authority judges have to interpret and make laws, limited by the US Constitution, statutory law, and stare decisive. Judges can establish common law and interpret existing laws, but cannot overrule statutory law. Higher courts can overturn existing case law. Judicial discretion refers to the authority judges have to make and interpret […]
