Grappling with Judicial Discretion in Complex Times

When areas of the law are ambiguous or untested, such as in the compassionate release cases that proliferated during the height of the COVID-19 pandemic, district judges must rely on their discretion to fill in legal gaps. Discretion can be beneficial, because it means that it allows district judges to consider factors that may lead to potentially harmful outcomes for litigants or their communities. But discretion is imperfect, particularly in the face of ethically or factually complex problems. Perhaps a place to start with addressing this difficulty is greater transparency about the benefits and limitations of discretion.

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Publication Details

Journal
The Journal of Law Medicine & Ethics
Published
2025-01-01
DOI
https://doi.org/10.1017/jme.2025.10152
Primary Topic
Legal Education and Practice Innovations
Type
article
Field-Weighted Citation Impact
0.00
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article

Grappling with Judicial Discretion in Complex Times

Samantha Bent Weber
The Journal of Law Medicine & Ethics
Legal Education and Practice Innovations
article

Grappling with Judicial Discretion in Complex Times

Samantha Bent Weber
article en

Abstract

When areas of the law are ambiguous or untested, such as in the compassionate release cases that proliferated during the height of the COVID-19 pandemic, district judges must rely on their discretion to fill in legal gaps. Discretion can be beneficial, because it means that it allows district judges to consider factors that may lead to potentially harmful outcomes for litigants or their communities. But discretion is imperfect, particularly in the face of ethically or factually complex problems. Perhaps a place to start with addressing this difficulty is greater transparency about the benefits and limitations of discretion.

The Journal of Law Medicine & EthicsVol. 53(3)
Morehouse School of Medicine (US)
Openalex Percentile: Top 62%
Legal Education and Practice Innovations
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