Discretion

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For other uses, see Discretion (disambiguation).

Discretion may mean to act in a discreet or prudent manner (as in the proverb "discretion is the better part of valour"), or it may refer to the ability to act or make a decision according to one's own choice within certain bounds. Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power.

In the criminal justice system, police, prosecutors, judges, and the jury are often able to exercise a degree of discretion in deciding who will be subject to criminal penalties and how they will be punished. For example, the police officer may decide whom to formally charge with an offense. For a traffic violation, a police officer may simply issue a warning. A prosecutor may pursue different charges against the members of a group of suspects. Plea bargaining also plays a major role in determining charges. blah blah blah

The exercise of discretion by judges is an inherent aspect of judicial independence under the doctrine of the separation of powers. The standard of review applied to appeals from decisions involving the exercise of judicial discretion is "abuse of discretion".