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The policeman on the beat or in the patrol car makes more decisions and exercises broader discretion affecting the daily likes of people every day and to a greater extent, in many respects, than a judge will ordinarily exercise in a week.
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Address to local and state police administrators up on their graduation from the FBI, reported in Frank J. Remington, Standards Relating to the Urban Police Function, American Bar Association: Advisory Committee on the Police Function, (1972), p. 2.

 

Warren E. Burger

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Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.

 

John Marshall

 

I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.

 

Thomas Jefferson

 

At the same time that I think discretion the most useful talent a man can be master of, I look upon cunning to be the accomplishment of little, mean, ungenerous minds. Discretion points out the noblest ends to us, and pursues the most proper and laudable methods of attaining them: cunning has only private selfish aims, and sticks at nothing which may make them succeed. Discretion has large and extended views, and, like a well-formed eye, commands a whole horizon: cunning is a kind of short-sightedness, that discovers the minutest objects which are near at hand, but is not able to discern things at a distance. Discretion the more it is discovered, gives a greater authority to the person who possesses it: cunning, when it is once detected, loses its force, and makes a man incapable of bringing about even those events which he might have done had he passed only for a plain man. Discretion is the perfection of reason, and a guide to us in all the duties of life: cunning is a kind of instinct, that only looks out after our immediate interest and welfare. Discretion is only found in men of strong sense and good understandings, cunning is often to be met with in brutes themselves, and in persons who are but the fewest removes from them.

 

Joseph Addison

 

Full and free exercise of this right by the citizen is ordinarily also his duty; for its exercise is more important to the nation than it is to himself. Like the course of the heavenly bodies, harmony in national life is a resultant of the struggle between contending forces. In frank expression of conflicting opinion lies the greatest promise of wisdom in governmental action; and in suppression lies ordinarily the greatest peril.

 

Louis Brandeis

 

Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, "Discretion under which standards?" or "Discretion as to which authority?"

 

Ronald Dworkin