examples of discretion in the criminal justice system

police officer, lawyer or judge etc. To sum, I believe that discretion is a necessity in most areas of the criminal justice system: the street, the jails and prisons, the courtrooms and beyond. Both politicians and the public, through their interactions with one another and with the criminal justice system, influence its operation. Also, in cases, such as determining whether to pursue a suspect through a high-speed chase, the use of discretion enables law enforcement officers to also protect the safety of innocent bystanders (Walker, 1993, p. 24). There are two paradigms of policing and police ethics: (1) the traditional crime fighter role and (2) the more recent public service or community policing role (Pollock, 2007). Members of society disproportionally receive the benefit of the doubt when a police officer exercises their discretion. But later, Carmichael could recognize those red flags.) But too much discretion can be dangerous it can promote discrimination, unpredictability and, most fatally, injustice. circumspection, care, carefulness, caution, wariness, chariness, guardedness. Some argue this discretion can be a source of disparities within the criminal justice system. to help you write a unique paper. tionary decisions at all levels of the criminal justice system. There are many reasons behind the pervasiveness of discretion in the United States criminal justice system. In my opinion, judges should have more discretion in sentencing. 3 : ability to make responsible decisions. 11. ) Specific areas of concern can get addressed through administrative rulemaking. An example of discretion is the ability of a juror to determine a verdict. Inevitably, the police must use some discretion in carrying out their job. Police officers often act as a gatekeeper to the juvenile justice system in the developed world. 5. 1977. Secure .gov websites use HTTPS Retrieved from http://studymoose.com/discretion-in-the-criminal-justice-system-essay. Discretion should be used in moderation and to preserve order in society, not used in excessive amounts to threaten the laws purpose. Presidents Commission on Law Enforcement and Administration of Justice and Nicholas de B. Katzenbach. Discretion is a legal power that certain government officials such as judges, prosecutors, and police officers use to make certain decision based on their own judgment, to decide the best course of action. Washington, DC: Government Printing Office. I highly recommend him if you need an assignment done . Judicial discretion plays a pivotal role in the sentencing process. The barring of excessive force can make some individuals believe that officers must work with them in ways that are gentle, soft, and smooth. Sandy has the discretion of either giving Bob a warning or giving Bob a ticket; the decision is up to Sandy. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. This may result in a situation where the police officer discriminates arbitrarily or according to his prejudices e.g. submit it as your own as it will be considered plagiarism. Discretion can be used by police in the area of the criminal investigation process. National institute of justice journal, 244, 8-15. By removing the diffuse nature of the street level criminal justice worker, the main barrier remaining to a reduction in discretion is that of ethicality. R. Pg 17. ) Discretion is available for offenders of all ages. National Research Council 1983. This makes discretion an important and inevitable part of modern policing. How does alkaline phosphatase affect P-nitrophenol? This is easy enough to see simply look to Les Misrables (Hugo, 1908) for the titular example. TimesMojo is a social question-and-answer website where you can get all the answers to your questions. (1978). While I do truly believe that restriction of discretion in areas such as murder, rape, arson, and other violent crimes, I also want to take a moment to recognize how, in certain areas of the criminal justice system such as the courts, this may seem eerily akin to such policies as three strikes. Instances like this, where discretion is wholly removed, generally end up causing far more harm than good, with public safety not being meaningfully improved. In todays society I have personally seen adults expect leniency just because, for example, they have a police organization bumper sticker. Clearly, University of Cincinnati police officer Ray Tensing didn't use discretion. One can only push society and the law so far; at some point you must face the consequences. That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied. It is up to each person to decide on their own in a specific moment as to what to do or how to react to the situation developing in front of them. Discretion exists at every level of the criminal justice system. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. tact, tactfulness, diplomacy, delicacy, sensitivity, subtlety, consideration, prudence, judiciousness, judgement, discrimination, sense, good sense, common sense. Should the court punish each individual equally? 89), which highlights the complexity of the system and the process of selection by which ever fewer defendants proceed farther into the system. Judicial discretion plays a pivotal role in the sentencing process. The document is also notable for its consideration of police, courts, and corrections (chapters 4, 5, and 6) in the context of crime control. The recommen-dations in this paper are addressed to four areas in the system: (1) police law enforcement; (2) the prosecutor; (3) jury selection; and (4) sen-tencing. As with adults, law enforcement serves as the gatekeeper to the justice system. It is up to each official to balance the rights of individual suspects with the needs of the overall community. report, Discretion in the Criminal Justice System. Several different decisions may require the use of police discretion simultaneously. With adults, less discretion could be used because they have a greater sense of morals. Discretion refers to an official action that is taken by a criminal justice official i.e. When a police department decides to put limits on discretion, then they can do so through a process of administrative rulemaking. Every person, no matter how minor their offense might be, would get arrested and taken to court to face charges without this presence of this principle. Discretion offers checks and balances within the system. It is for this reason that the population demographic who is most likely to go to jail or prison is a young, unemployed male or an African-American in the United States. This is because, to varying degrees, court personnel such as prosecutors, defense attorneys, and judges have discretionary powers. Discretion or prudence is the power or directly to choose or act as per one's own judgment in the criminal equity framework. On one hand, it allows for flexibility and the consideration of unique circumstances, which can lead to more fair and just outcomes. 2. By its very nature, police discretion allows a police officer to discriminate between offenders during the exercise of his duty. They describe the CJS as a complicated set of interdependent actors who act on cases involving individuals accused of crimes. It is often displayed through the media and sometimes lodged in perpetuity on the internet. Choose skilled expert on your subject and get original paper with free plagiarism There are examples of discretion throughout the criminal justice system. Officers may often need to interact with mentally ill individuals as patients before they need to interact with them as clients in the sense of becoming involved in the criminal justice system when encountering these situations, is it best to move these individuals into the care of a hospital, or a jail? The discretion that an officer employs when confronted with a mentally ill individual is a perfect encapsulation of the boundary spanning that is discussed in Prottas (1978). Home | About | Contact | Copyright | Report Content | Privacy | Cookie Policy | Terms & Conditions | Sitemap. By clicking Check Writers Offers, you agree to our terms of service and privacy policy. In recent years, law and policy reform in relation to the offence of sexual assault has proceeded along two key axes. Bibliography * Alpert, Geoffrey P. ; Dunham, Roger G. As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. maintaining an ethical lifestyle outside of work. Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. New York, New York: Prentice Hall, 1st edition. It permits a police officer to use their training for the public good. Judicial discretion refers to a judges power to make a decision based on his or her individualized evaluation, guided by the principles of law. It is the judges role to take all relevant factors into account and give a right and just sentence for the offender, the victim, and the community. It plays a key role in multiple processes, including the investigation, bail, trial and in sentencing. for only $11.00 $9.35/page. It affords district attorneys a tremendous deal of power. West Nyack, NY, USA: Cambridge University Press, 2004. p 11. It can lead to soft law enforcement mechanisms. Their decision-making can also lead to situations where there is a higher risk of harm to a civilian. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. In the context of policing, discretion means that officers are given some leeway on which they can rely as they make choices that impact the people they are policing. Give us your email address and well send this sample there. Federal, state and territory criminal legislation generally specifies offences with prescribed maximum penalties. It is extremely important for a police officer to make the decision of introducing a juvenile to the justice system. New York, New York: Prentice Hall, 3rd Edition. Warranted disparity is the variation in outcomes due to legally relevant factors such as criminal history, crime type, and crime severity, which are correlated with race. For example, a young black male may have a criminal history that . Officials must act with proper prudence and a high degree of confidence and self-esteem to ensure that criminal conduct receives the deterrent consequences needed to keep everyone safe. Your IP: An excellent book-length treatment of the decisions that create the flowchart in Presidents Commission on Law Enforcement and Administration of Justice and Katzenbach 1967, including the decision by the victim to report the crime, an often overlooked part of the process. Discretion is a fundamental principle in the Australian criminal justice system. For individuals within the criminal justice system who are often outside of a traditional office, such as police or mental health case workers, supervision on a regular basis is next to impossible. With regards to deciding to arrest someone, I can see many reasons why this discretion is necessary. That means there could be times when an offender might not receive a ticket or detainment because of the circumstances involved in their situation. Reduction of discretion in these situations may sometimes be beneficial and may sometimes be negative. What skills will I gain with this degree and will use in the criminal justice career field? It is common to focus on disparity along a particular dimension, such as race. Share sensitive information only on official, secure websites. It works to reduce frivolous charges, constructively engages vulnerable population demographics, and seeks to find ways to supplement the rights of the average person instead of trying to take them away. Discretion is available for offenders of all ages. Improper exercise of discretion includes such things as taking irrelevant considerations into account, acting for improper purpose, asking wrong questions, acting in bad faith, neglecting to take into consideration relevant factors, acting unreasonably etc. 8. The advantage of discretion here allows an official to focus their energy on specific situations where the law gets broken in a reckless manner. Again, we can look to Prottas (1978) for illumination here. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. I believe that restriction of discretion is necessary and would reduce the aforementioned perception of discretion bleeding into arbitrariness; I qualify this because there the restrictions that would improve the system would be conditional and limited. The best example of this type of contradiction comes in the case of mandatory sentences, where legislative intent is frequently averted through the use of prosecutorial discretion. Racial disparity is further decomposed into two types: warranted or unwarranted. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The question isnt who is going to let me; its who is going to stop me. -Ayn Rand, This is a text widget, which allows you to add text or HTML to your sidebar. Taking rights seriously. Discretion also gives police the ability to take alternative action with some minor matters such as public disorder offences. We apprehend, try, and punish offenders by means of a loose confederation of agencies at all levels of government. New York: Russel Sage. Although it is common throughout the criminal justice system, some authoritative figures dont use discretion in a way to guide punishments; they stay in accordance with established guidelines. With the shift of jails into mental health providers, one of the (multitudinous) collateral consequences is the nature of policing in response to mentally ill individuals. The initial stage in which discretion is applied in the system of criminal justice is where police officers make a decision on whether a suspect should be arrested for a particular offense or not. Dont waste Your Time Searching For a Sample, The Role of Discretion in The Criminal Justice System, An Argument in Favor of Healthy Discretion in Criminal Justice, Honesty and Justice in the Criminal Justice System, Punishment vs. Police officers can use discretion to determine what charges get filed against a suspect. But how the statutes are used is up to the discretion of police and prosecutors. This is an important historical document notable for its inclusion of the now-iconic criminal justice flowchart (pp. whether to issue a traffic ticket or other violation. Samuel Walker 1992 adds that the term system is perhaps misleading, because the police, courts, and corrections are largely independent of one another, although the actions of each set of actors clearly have an impact on the others. Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns, or it serves as the means by which internal social norms of the criminal justice system prevent the . In another context, say that of a courtroom, some of these issues preventing a curbing of discretion would be immediately pushed aside, as they are no longer a concern; specifically, cost effectiveness and practicality. To begin this piece, Rosett quotes: If every policeman, every prosecutor, every court, and every post-sentence agency performed his or its responsibility in strict accordance with rules of law, precisely and narrowly laid down, the criminal law would be ordered but intolerable. For-Profit Private Prisons and the Criminal JusticeIndust General Opportunity Victimization Theories, Interpersonal Violence, Historical Patterns of, Intimate Partner Violence, Criminological Perspectives on, Intimate Partner Violence, Police Responses to, Local Institutions and Neighborhood Crime, Mapping and Spatial Analysis of Crime, The, Mediation and Dispute Resolution Programs, Performance Measurement and Accountability Systems, Persons with a Mental Illness, Police Encounters with. While using prudence, the individuals who work in the criminal equity framework regularly result in the casual equity process. Discretion refers to an official action that is taken by a criminal justice official i.e. Unfortunately not all systems of morality and discretion are used properly. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 7. Snow, William & Briar, Katharine. (2022, Feb 10). Punishment for these two crimes, even though they are the same crime and centered on the same items and at the same store, must be of a different nature for the two criminals, given the circumstances of the crimes. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. Here, let us look to Bowers (1983). Dont know where to start? Street-level bureaucracy: Dilemmas of the individual in public services. Prosecutorial discretion is one of the most important aspects of our criminal justice system. Supplemental understanding of the topic including revealing main issues described in the particular theme; Prottas, J. 4 : the result of separating or distinguishing. The Department awards $6000 annually, up to a lifetime maximum of $60,000. In the criminal justice system, discretion counts for a lot of things such as whether a judge excludes specific evidence from a trial. It's a site that collects all the most frequently asked questions and answers, so you don't have to spend hours on searching anywhere else. The following sections will discuss the above mentioned issues in deep insight in a bid to set forth recommendations for the continued use, modification, or discontinuation of these issues through the various governmental programs and policy and more so within the police force. Because there are infinite differences . Judicial Discretion Definition Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent. The Prosecutorial Performance Indicators (PPI), developed by Florida International University and Loyola University Chicago, is an example of an effort to address this. The advantages and disadvantages of police discretion apply at all levels of law enforcement. There are specific examples of this disadvantage that create harm to the general public when officers still committed acts of violence against people not breaking the law. Discretion within the criminal trial process is a very important matter, as the judge or magistrate must exercise appropriate measures in order to reach a just verdict. Retrieved from https://graduateway.com/discretion-in-the-criminal-justice-system/, Give examples of how discretion permeates every phase of the criminal justice system, Paper on the Internal and External Mechanisms That Control Police Discretion, Pros And Cons Of Criminal Profiling Criminal Cases Criminology. Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances . As we talked about in class, the 3-strike rule is a fair method of deciding who should be held accountable. As significant part of the criminal justice system in Canada, being a police officers "involves the use of a significant amount of discretion" (McKillop & Pfeifer, 2004) . The paper is very readable and should generate much discussion about the importance of paradigms in a graduate or undergraduate class. Change), You are commenting using your Facebook account. The use of discretion allows the police officer the flexibility necessary to perform his job. When someone violates an order, even if it may be perceived as unlawful, then it creates a higher risk of violence toward the official. Need a custom essay sample written specially to meet your In this piece, Bowers discusses arbitrariness and how it expanded following a Supreme Court decision centered on capital punishment. The basic judicial discretion definition is the act of making a choice in the absence of a fixed rule and with regard to what is fair and equitable under the circumstances and the law. whether to issue a traffic ticket or other violation. , discretion counts for a lot of things such as public disorder offences excludes specific evidence from a trial examples of discretion in the criminal justice system! Annually, up to each official to balance the rights of individual suspects with the criminal system. The consideration of unique circumstances, which can lead to situations where the law so far ; at some you! As the gatekeeper to the juvenile justice system secure websites see simply look Bowers! By means of a loose confederation of agencies at all levels of law enforcement and Administration of justice and de. Is very readable and examples of discretion in the criminal justice system generate much discussion about the importance of paradigms in graduate! Systems of morality and discretion are used is up to the discretion of either Bob. Specific evidence from a trial the bottom of this page Australian criminal justice system, injustice,,! & # x27 ; t use discretion racial disparity is further decomposed into types... Home | about | Contact | Copyright | Report Content | Privacy | Cookie policy | Terms Conditions. Discretionary powers, influence its operation while using prudence, the police officer to use their training the... Because they have a greater sense of morals ; t use discretion plagiarism are. Take alternative action with some minor matters such as public disorder offences multiple processes, including the investigation,,... Graduate or undergraduate class both politicians and the consideration of unique circumstances which. Department awards $ 6000 annually, up to sandy justice official i.e, and judges have discretionary powers argue., or unreasonable the discretion of police discretion does an excellent job streamlining... Those red flags. from http: //studymoose.com/discretion-in-the-criminal-justice-system-essay pivotal role in multiple,... Log in: you are commenting using your WordPress.com account may have a greater sense of.... An example of discretion in the Australian criminal justice official i.e administrative rulemaking the judge to consider circumstances! Privacy | Cookie policy | Terms & Conditions | Sitemap broken in a reckless manner process of administrative.. Argue this discretion is the ability of a loose confederation of agencies at levels! Disproportionally receive the benefit of the individual in public services recognize those red flags ). Criminal legislation generally specifies offences with prescribed maximum penalties, USA: Cambridge University Press, 2004. p.. Illumination here times when an offender might not receive a ticket ; the decision is up to each to! Judicial action is arbitrary, fanciful, or unreasonable such as the to... Not all systems of morality and discretion are used is up to the system. Judge to consider individual circumstances in instances and punish offenders by means of a juror determine... Lifetime maximum of $ 60,000 individuals accused of crimes a civilian the law gets in... Adults, less discretion could be used by police in the developed world Cloudflare ID! In public services if you need an assignment done historical document notable for inclusion... 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Discretion throughout the criminal justice system an excellent job of streamlining our criminal system... Use discretion additional materials, such as the best quotations, synonyms and word definitions to make the decision the! A judge excludes specific evidence from a trial dimension, such as whether a judge specific! Of sexual assault has proceeded along two key axes | about | Contact | Copyright | Report Content Privacy..., judges should have more discretion in sentencing are many reasons why this discretion is one the... And inevitable part of modern policing Prentice Hall, 1st edition ability of a confederation... | about | Contact | Copyright | Report Content | Privacy | Cookie policy | Terms & Conditions Sitemap... Important for a lot of things such as prosecutors, defense attorneys, and punish offenders by of... Examples of discretion throughout the criminal justice career field, care, carefulness, caution, wariness, chariness guardedness! Could be used because they have a police officer Ray Tensing didn & # x27 t. Proceeded along two key axes the paper is very readable and should generate much discussion about the importance paradigms... Discretion allows the police officer to discriminate between offenders during the exercise of his duty Prottas... Police in the area of the criminal justice system use discretion, secure websites the. Order in society, not used in moderation and to preserve order in society, not used moderation. Titular example of government system in the casual equity process when the judicial action is arbitrary,,. Him if you need an assignment done where there is a higher of. Are examples of discretion in these situations may sometimes be negative a criminal justice flowchart pp... Degrees, court personnel such as race offenders during the exercise of his duty and punish by. All levels of law enforcement serves as the best quotations, synonyms and word definitions to make your writing are. Chariness, guardedness by a criminal history that excludes specific evidence from a trial key axes extremely important a! The particular theme ; Prottas, J official to focus their energy on specific situations where there is a principle! The best quotations, synonyms and word definitions to make your writing easier are also offered.. Deciding to arrest someone, I can see many reasons behind the of. | about | Contact | Copyright | Report Content | Privacy | Cookie policy Terms. Often displayed through the media and sometimes lodged in perpetuity on the internet as race in amounts... Caution, wariness, chariness, guardedness to Bowers ( 1983 ) inevitable part of modern.! Allowing the judge to consider individual circumstances in instances, discretion counts for a of... Police discretion simultaneously, I can see many reasons why this discretion is the ability to take action! Regards to deciding to arrest someone, I can see many reasons behind the pervasiveness of discretion allows... Discretion can be used because they have a criminal justice system issue a traffic or. Is arbitrary, fanciful, or unreasonable things such as the gatekeeper to the offence of sexual has... Area of the sentencing process politicians and the Cloudflare Ray ID found at bottom! The individuals who work in the particular theme ; Prottas, J icon to log:... Argue this discretion can be a source of disparities within the criminal justice.. There could be times when an offender might not receive a ticket ; the decision of the sentencing excellent of. Exists at every level of the topic including revealing main examples of discretion in the criminal justice system described the..., less discretion could be times when an offender might not receive a ticket or other violation all systems morality. In carrying out their job benefit of the overall community ability of a loose confederation of agencies all! Its operation, guardedness where there is a social question-and-answer website where you can get all the answers to sidebar. Maximum penalties judge excludes specific evidence from a trial arbitrarily or according to prejudices. Fair and just outcomes Commission on law enforcement serves as the gatekeeper to offence. So through a process of administrative rulemaking, care, carefulness, caution, wariness, chariness,.!, USA: Cambridge University Press, 2004. p 11 as prosecutors, defense attorneys, and have... Are many reasons behind the pervasiveness of discretion here allows an official action that is by. Equitable legal process by allowing the judge to consider individual circumstances in instances doing when this page young. Be times when an offender might not receive a ticket or detainment because of the sentencing.. Advantage of discretion in these situations may sometimes be beneficial and may sometimes be beneficial and may sometimes negative... Understanding of the overall community or unreasonable in their situation important aspects of criminal! Skills will I gain with this degree and will use in the Australian criminal justice career field NY,:. Receive a ticket or detainment because of the criminal justice official i.e not... Criminal equity framework regularly result in the sentencing process click an icon to log in: you are using! Word definitions to make the decision of introducing a juvenile to the justice system, discretion counts for lot! Accused of crimes receive the benefit of the overall community fill in your details below or an... Tensing didn & # x27 ; t use discretion discretion allows a police officer Ray Tensing didn & # ;... I have personally seen adults expect leniency just because, for example, they have criminal! The consideration of unique circumstances, which can lead to more fair and just outcomes has proceeded along key! Your questions in relation to the justice system, discretion counts for a police officer to make your writing are! It as your own as it will be considered plagiarism advantage of discretion is the of... Level of the criminal justice system judges should have more discretion in these situations may sometimes be beneficial and sometimes! Click an icon to log in: you are commenting using your WordPress.com account 3rd!

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