“Judicial discretion” is defined as “the exercise of judgment by a judge or court based on what is fair under the circumstances and guided by the rules and principles of law; a court’s power to act or not act when a litigant is not entitled to demand the act as a matter of right,”1 especially in court trials and motion hearings. Each judge brings different values and life experiences to law and facts, often coming to a different conclusion than another judge might in a similar situation.2

American and English jurisprudence requires judicial discretion to function properly. It is impossible to write specific laws to address the infinite situations in which the thousands of laws apply and sometimes conflict. Judges hear the evidence first-hand and are best positioned to properly weigh its credibility, relevance, and prejudice. Judges need and have wide discretion to apply the law to the specific facts of a case, as well as to manage the process.