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 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). Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a police officer arresting a person on the street (criminal) or evicting someone from an apartment (civil) or anywhere in between. There are some arguments that implementing discretion overrules or weakens the rule of law. However, laws cannot be written without using discretion and therefore the rule of law serves to guide discretion towards societal expectations, norms and, at least in part, public interestStudies show that police officers use discretion to simplify their very complex job requirements and also to identify certain individual priorities, as each officer has to apply the very broad and often contradictory laws put into place by statutes and policymakers. If officers had to cite or make an arrest on every law being broken, we would need a police officer for every 2-3 citizens. We leave it up to the individual officer to use discretion in cases where a gray area resides. Should an officer ticket every person that speeds? Where do they draw the line? This is one of many situations where discretion comes into place. There are other things that contribute to the individual officer's use of their discretion. Often the sex or minority status of an officer would lead them to act in different ways and use discretion in different ways than that of the opposite. Where an officer was raised or what they have experienced would lead them to react to scenarios differently.'Discretion is the better part of valor' is an idiom which is generally understood to mean the avoidance of problems or unnecessary risks by thinking carefully and exercising caution before taking action.The term often comes as part of 'Viewer Discretion Is Advised' warning on TV shows before the show begins. In this context, VDA implies the show's content may not be suitable for younger viewers; that is, too explicit in terms of nudity, violence, sexual content, or language. From the book of Proverbs 'like a gold ring in a pig's snout is a beautiful woman without discretion.'