The use of discretion in the law has been a topic of discussion for years. Classics as well as popular public media have debated its worth. Some have eulogized it; others have condemned it. In the last few decades, there has been a movement to limit discretion, particularly of judges. This movement has been supported by both groups that believe judicial discretion has promoted discrimination and bias as well as groups who believe that judges have been too lenient. Because of these concerns, legislatures have passed laws requiring mandatory sentences, three strikes sentences and sentencing guidelines. This session explores discretion in the justice system — from police discretion of whether to arrest, to prosecutorial discretion of what to charge and to judicial discretion of what to sentence. Historical and current practices will be presented. Examples will be used to see the impact of current practices on the legal process and the acceptance level of the American public.