But it would be easier to have confidence in them if the administration and Congress took a few steps away from discretion and toward clarity.
And you are correct to point out that such sentencing structures drive discretion and power toward prosecutors at the expense of judges.
By contrast, Marianne's older sister, Elinor, is the guiding light of "sense," or prudence and discretion, whose constancy toward her lover, Edward Ferrars, is rewarded by her marriage to him after some distressing vicissitudes.
Since then, led by the Supreme Court in its post-New Deal stance toward agency discretion, federal courts have generally deferred to administrative agencies' interpretations of their authority under their governing statutes, many of which are as open-ended as the Clean Air Act, if not more so.
A little discretion can go a long way toward avoiding hurt feelings.
Broken-windows policing relies on officer discretion, but with the incentives heavily stacked toward making an arrest, proper training and a good conscience can easily be overwhelmed.
Bartenstein's honesty and discretion were matched by his self-righteousness toward foreign diplomats and obsequiousness to his patrons; his efficiency and legal knowledge, however, made him an indispensable figure in Habsburg diplomacy.
Garcia said the judge has a right to discretion and argued that her efforts were dedicated toward better holding sex offenders accountable.
That may have more to do with Islam's general insistence on discretion in sexual matters than any specific animosity toward homosexuality, said Feisal Rauf, the imam of the Al-Farah mosque in TriBeCa.
The state, relying on case law, allowed for ballots with misspellings to be counted toward Ms. Murkowski's tally and used discretion in determining voter intent.
