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The suspect/the accused has the discretion to obtain a lawyer, how they will plead and to accept a plea bargain.The prosecutor has the choice (prosecutorial discretion) to prosecute a case or drop the charges as well as suggesting plea bargains.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.
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.
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.
If an officer can recognize that a certain area requires a different approach in order to keep that safety, they should use that discretion appropriately.
In civil actions, judges and juries are also deemed to have discretion in the matter of damages.
Judges also have discretion in the grant or denial of certain motions, e.g. Prosecutors have a huge discretional role in the criminal justice process.
They have the ability to initiate and terminate all criminal prosecutions.
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.