Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline enforcement of judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
Ex parte Milligan, 71 U.S. 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln's administration the power of military commission jurisdiction, part of the administration's controversial plan to deal with Union dissenters during the American Civil War. Justice David Davis, who delivered the majority opinion, stated that "martial rule can never exist when the courts are open" and confined martial law to areas of "military operations, where war really prevails", and when it was a necessity to provide a substitute for a civil authority that had been overthrown. Chief Justice Salmon P. Chase and three associate justices filed a separate opinion concurring with the majority in the judgment, but asserting that Congress had the power to authorize a military commission, although it had not done so in Milligan's case.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
The Supreme Court is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.
Ex parte Quirin, 317 U.S. 1 (1942), was a case of the United States Supreme Court that during World War II upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs, in the United States. Quirin has been cited as a precedent for the trial by military commission of unlawful combatants.
Olmstead v. United States, 277 U.S. 438 (1928), was a decision of the Supreme Court of the United States, on the matter of whether wiretapping of private telephone conversations, obtained by federal agents without a search warrant and subsequently used as evidence, constituted a violation of the target’s rights under the Fourth and Fifth Amendments. In a 5–4 decision, the Court held that the Constitutional rights of a wiretapping target have not been violated. This decision was overturned by Katz v. United States in 1967.
In re Debs, 158 U.S. 564 (1895), was a US labor law case of the United States Supreme Court decision handed down concerning Eugene V. Debs and labor unions.
The Office of the Pardon Attorney assists the president of the United States in his exercise of executive clemency as authorized by Article II, Section 2, of the US Constitution. It is part of the United States Department of Justice and is in consultation with the Attorney General of the United States or his delegate.
The Scooter Libby clemency controversy arose when U.S. President George W. Bush commuted the prison sentence of Scooter Libby, the former Chief of Staff to Bush's vice president, Dick Cheney, on July 2, 2007. It resulted in a hearing, "The Use and Misuse of Presidential Clemency Power for Executive Branch Officials", held July 11, 2007, by the full Committee on the Judiciary of the U.S. House of Representatives. The hearing was intended to "explore the grave questions that arise when the Presidential clemency power is used to erase criminal penalties for high-ranking executive branch employees whose offenses relate to their work for the President", as well as to assess the consequences of the perjury and obstruction of justice of which vice-presidential Chief of Staff Lewis Libby was convicted March 6, 2007.
Edward Terry Sanford was an American jurist who served as an associate justice of the Supreme Court of the United States from 1923 until his death in 1930. Prior to his nomination to the high court, Sanford served as a United States Assistant Attorney General under President Theodore Roosevelt from 1905 to 1907, and as a United States district judge of the United States District Court for the Eastern District of Tennessee and the United States District Court for the Middle District of Tennessee from 1908 to 1923. As of 2023, he is the last sitting district court judge to be elevated directly to the Supreme Court.
Exclusion of judicial review has been attempted by the Parliament of Singapore to protect the exercise of executive power. Typically, this has been done though the insertion of finality or total ouster clauses into Acts of Parliament, or by wording powers conferred by Acts on decision-makers subjectively. Finality clauses are generally viewed restrictively by courts in the United Kingdom. The courts there have taken the view that such clauses are, subject to some exceptions, not effective in denying or restricting the extent to which the courts are able to exercise judicial review. In contrast, Singapore cases suggest that ouster clauses cannot prevent the High Court from exercising supervisory jurisdiction over the exercise of executive power where authorities have committed jurisdictional errors of law, but are effective against non-jurisdictional errors of law.
The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are United States v. Simms (1803), United States v. More (1805), Ex parte Bollman (1807), United States v. Hudson (1812), Cohens v. Virginia (1821), United States v. Perez (1824), Worcester v. Georgia (1832), and United States v. Wilson (1833).
United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
A federal pardon in the United States is the action of the President of the United States that completely sets aside the punishment for a federal crime. The authority to take such action is granted to the president by the U.S. Constitution. A pardon is one form of the clemency power of the president, the others being commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States. In 2021, the 10th Circuit ruled that acceptance of a pardon does not constitute a legal confession of guilt, recognizing the Supreme Court's earlier language as dicta.
On August 25, 2017, President Donald Trump pardoned Joe Arpaio for criminal contempt of court, a misdemeanor. Arpaio had been convicted of the crime two months earlier for disobeying a federal judge's order to stop racial profiling in detaining "individuals suspected of being in the U.S. illegally". The pardon covered Arpaio's conviction and "any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged, in connection with Melendres v. Arpaio." The official White House statement announcing the grant of clemency described Arpaio as a "worthy candidate" having served the nation for more than fifty years "protecting the public from the scourges of crime and illegal immigration."
