Judicial Discretion
In 1965 the Lovin’ Spoonful released their hit song “Did You Ever Have To Make Up Your Mind?”
Here’s the first chorus:
“Did you ever have to make up your mind?
Pick up on one and leave the other behind,
It’s not often easy and not often kind,
Did you ever have to make up your mind?”
Although the song is about love and choices, I think its meaning is more universal and can be extended to all individual decisions, including judges using “judicial discretion” when making legal decisions.
This term is defined as a judge’s power to make a decision based on their individualized evaluation guided by principles of law.
The following are some common examples under Michigan law.
Sentencing
In imposing a criminal sentence, a judge uses their discretion within the range of reasonable and principled outcomes. If it’s outside that range it’s an abuse of discretion.
Preliminary examinations
At the conclusion of the hearing, a District Court judge must determine if a felony has been committed and if there is probable cause (more likely than not) that the defendant committed it.
If that’s proved the case is sent to circuit court. If upon review the proofs don’t support a bindover, it’s an abuse of discretion.
Reconsideration of a decision
On the motion of either party, if the court finds it made a palpable error in its original decision, it must be reversed.
Expungements
A motion to set aside a previous criminal conviction can be granted if the court finds that the defendant’s behavior since the conviction warrants relief and is consistent with the public good.
Withdrawal of guilty plea
After a guilty plea is accepted and before sentencing, a defendant has the right to withdraw the plea if, in the court’s opinion, it’s in the interest of justice and doesn’t substantially prejudice the prosecutor.
Setting criminal bonds
When setting a bond, the court exercises discretion and balances numerous factors including prior criminal history and the safety of the community.
Other examples of judicial discretion include probation violation hearings, the admission or exclusion of trial evidence, and deciding motions before trial. There are many more.
Time has shown that judicial discretion maintains public confidence in the judicial system and ensures it’s fair and consistent.
(0) comments
Welcome to the discussion.
Log In
Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.