Governor Rick Perry of Texas and President Barack Obama, strangest of bedfellows, are making similar discoveries about the scope of prosecutorial discretion.
By Jeffrey Toobin August 19, 2014 Governor Rick Perry of Texas and President Barack Obama, strangest of bedfellows, are making similar discoveries about the scope of prosecutorial discretion.
The revised plan would also wisely expand the scope of judicial discretion, reducing the role of prosecutors in deciding which defendants would qualify for treatment instead of mandatory sentences.
At the heart of the case is a question about the permissible scope of executive discretion.
A significant amount of legislation allows for a degree of 'discretion' in interpretation and application: even if diversion and alternatives are not explicitly provided for, they may nonetheless well be possible within the scope of this discretion.
In his letter last night he said that while he had welcomed Goodwin's decision to waive a payoff he insisted that he was "unaware of any scope for discretion" in the pension.
We focused on three types of decisions where there are substantial grey areas and where the scope for discretion is known to be wide: - The prescription of reimbursed drugs - The referral of patients to secondary care - The issuing of sickness certificates The physicians then discussed how they perceived that different factors influence their professional discretion.
While most forms of rejection – losing a job, being dumped by a partner, failing an exam – offer at least some scope for discretion, at an election count there is no place to hide.
But unlike the French, who have always preferred a Europe steered by national governments, she wants such agreements to limit individual countries' scope for discretion".Solidarity" (ie, German cash) does play a role, but mainly as a means of buying time and encouraging reform.
Criteria intended to regulate practice leave scope for discretion.
