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Grappling with Judicial Discretion in Complex Times.

Samantha Bent Weber1

  • 1Community Health & Preventive Medicine, https://ror.org/01pbhra64Morehouse School of Medicine, United States.

The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics
|September 14, 2025
PubMed
Summary

Judicial discretion in law allows judges to address legal ambiguities, but its limitations in complex cases necessitate greater transparency regarding its benefits and drawbacks for fair outcomes.

Keywords:
COVID-19artificial intelligencecompassionate releasejudicial discretionlegal transparency

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Area of Science:

  • Legal Studies
  • Judicial Discretion

Background:

  • Ambiguous legal areas, such as compassionate release during the COVID-19 pandemic, require judges to exercise discretion.
  • Judicial discretion allows consideration of unique case factors but can be imperfect in complex ethical or factual situations.

Purpose of the Study:

  • To examine the role and implications of judicial discretion in resolving legal ambiguities.
  • To advocate for increased transparency surrounding the use of judicial discretion.

Main Methods:

  • Analysis of legal precedents and case law concerning judicial discretion.
  • Review of ethical and factual complexities in judicial decision-making.

Main Results:

  • Judicial discretion is a necessary tool for navigating untested legal waters.
  • The imperfect nature of discretion can lead to potentially harmful outcomes for litigants and communities.

Conclusions:

  • Greater transparency regarding the benefits and limitations of judicial discretion is essential.
  • Addressing the imperfections of discretion requires open discussion and understanding of its application.