examples of discretion in the criminal justice system

There is no single answer to this question, nor is there a correct one. Some people consider discretion in the criminal justice system to be a bad thing while others view it more positively. Bowers goes on to discuss how some persons are sentenced to death while others, having committed essentially the same crime, are not, and that this difference stems from discretion that is likely influenced by extralegal influences such as race, class, and origin. When discretion is used in this manner, when people receive a sentence of death while another does not and that difference stems from something like race class or origin, this is readily apparent as unacceptable. Give us your email address and well send this sample there. This makes discretion an important and inevitable part of modern policing. Discretion, according to Rawls (1971), should not be used as a means of ensuring efficiency but rather as a way of applying a utilitarianism counterbalance to unjust laws within the justice system. Rawls (1971, p.71), in his seminal theory on justice, observes that "the principle of efficiency cannot serve alone as a conception of justice.". whether to issue a traffic ticket or other violation. An updated version of the chart can be found on the Bureau of Justice Statistics website. 6. While police services unremittingly lack the resources to formally enforce all laws, they must, as a result, allow officers to determine which laws will be enforced at the operative level. Discretion is beneficial to the criminal justice system but is not without reproach. Bibliography * Alpert, Geoffrey P. ; Dunham, Roger G. Discretion means the power and ability to make decisions. Constitutional provisions on the discretionary power of judges. A maximum penalty allows a court to determine an appropriate punishment in 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. A simple example of discretion is whether you excuse yourself and say, Ill be back in a few minutes, or announce, I need to go to the bathroom. Discretionary power within the criminal justice system can be a rather powerful force for good. whether to issue a traffic ticket or other violation. Characteristics of the suspect Demeanor, style of dress and grooming may influence police discretion. Even in heinous cases, there needs to be perhaps not room for discretion and leniency, but at least the possibility that it could be used, if absolutely necessary. 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? Although there should be a balance between holding officers accountable and supporting their decision-making processes, the allowance of this policy acknowledges the professionalism thats expected from local departments. 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. Police officers can use discretion to determine what charges get filed against a suspect. Another reason that discretion finds itself so intractable within the American criminal justice system is due to the increasing interconnected nature of the American criminal justice system and mental health treatment; in many ways, jails have become the de-facto mental health system for many Americans (Johnson, 1984; Snow & Briar, 1990; Palermo et al., 1992). Judicial discretion plays a pivotal role in the sentencing process. 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. I love to write and share science related Stuff Here on my Website. In the criminal justice system, where rules are so often touted, these exceptions are often of significant importance, and even if restricted, should never be wholly removed. Discretion is the power and individual choice a person has in a decision. The discretion they use when interacting with young criminal offenders gives them the option to handle delinquencies and minor offenses in a constructive way. 15.147162.10.1080/10509674.1990.9963957. 3 : ability to make responsible decisions. The titular example of why discretion is necessary would, to me at least, seem to be Jean Valjean, and his theft of a loaf of bread (Hugo, 1908). Bowers, W. J. The principle of police discretion allows a law enforcement official to make effective decisions while on the job when clear solutions may not be available. Some people can commit blatant crimes without consequence due to this disadvantage. In todays society I have personally seen adults expect leniency just because, for example, they have a police organization bumper sticker. Change). 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). Performance & security by Cloudflare. An example of discretion is the ability of a juror to determine a verdict. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file. 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. (1992). 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) . Your IP: Choose skilled expert on your subject and get original paper with free plagiarism report, Discretion in the Criminal Justice System. With adults, less discretion could be used because they have a greater sense of morals. Discretion is the judgment or decision implemented through values, facts, and principles. Type your requirements and Ill connect you to It is often displayed through the media and sometimes lodged in perpetuity on the internet. in which they use their own individual judgment, to decide the best course of action. 4. Any analysis that does not fully account for the legally mandated process (and factors) runs the risk of mistakenly labeling disparity as unwarranted when, in fact, it may be warranted according to the rules of the system. In this piece, Bowers discusses arbitrariness and how it expanded following a Supreme Court decision centered on capital punishment. In response to a wealth of research highlighting the unique, difficult and often marginalised position of victim/survivors 1 in the criminal justice process, recent reforms have focused on both improving evidentiary requirements and enhancing the experiences of . Street-level bureaucracy: Dilemmas of the individual in public services. Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. Sandy decides not to give Bob a ticket because Bob has a perfect driving record. While do further reading, I had reasons do doubt why discretion may become problematic in some cases. Choosing to engage will place anyone in the way at a greater risk of harm since the suspect and officers may go through intersections or drive in unauthorized areas. discretion as the single or even the most significant cause of over-representation in the criminal justice system. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. Discretion refers to an official action that is taken by a criminal justice official i.e. For both of these reasons, any discussion of discretion must start from a review of the goals of the system and an understanding of how these goals are reflected in the formal rules of a system with many moving parts. The idea behind police discretion is that the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied. This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense. 2. By continuing well Just talk to our smart assistant Amy and she'll connect you with the best For example, discretion should be used for a first time offender for speeding but should not be used for a first time offender of rape. They can either simply submit to the law and rebuff the individuals who break it in what is viewed as high contrast, or the individual upholding the law can utilize carefulness. In an effort to explain this pattern, Levine returned to the tapes of his Trivia Experiment participants. Both politicians and the public, through their interactions with one another and with the criminal justice system, influence its operation. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Recent U.S. Supreme Court decisions have demanded greater regularity and procedural formality in the juvenile justice system, which is characterized by broad discretionary powers. 1988. 1. Unfortunately not all systems of morality and discretion are used properly. For example the police come across two young girls in a park smoking marijuana. Oxford Bibliographies Online is available by subscription and perpetual access to institutions. Judicial discretion plays a pivotal role in the sentencing process. Mental illness and criminal behavior revisited. For example, indistinct laws, annoyance conducts, uncertainty in state rules, moral norms, and obsolete laws may make an officer have a substitute goals to the issue. 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. (LogOut/ Discretion, for the purposes of its connotations with street level bureaucrats, can be conceptualized as the influence that these street level bureaucrats have over the dispensation of benefits or the allocations of public sanctions (Lipskey, 1980). * Hagan, F. (2011). In my opinion, depending on the severity of the crime discretion should or should not be used. When police officers perform their official duties, then there is a particular level of discretion they must use when interacting with the public. In law, discretion in association with legal rulings, such as whether specific evidence is excluded at a trial, can be executed by a judge. Washington, DC: National Coalition for Jail Reform. This website is using a security service to protect itself from online attacks. Statutory and common laws dont cover every potential situation that police officers encounter while on the job. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. L. 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. Diversion of a juvenile offender away from the criminal justice system to community support services is the optimal response to the problem of juvenile crime. Theft is an easy enough example for us to use; the classic example of a single mother, currently unemployed, stealing diapers and bread in order to care for her children is rather different than petty theft by a college student, from the same store (and even, perhaps, of the same items, given the pettiness), for no reason other than that they wanted to. 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. 4 : the result of separating or distinguishing. While using prudence, the individuals who work in the criminal equity framework regularly result in the casual equity process. For example, Rachel Barkow, a leading expert on criminal law and policy, argues that ending mass incarceration requires limiting progressive prosecutors' discretionary powers and increasing the involvement of other actors in the criminal justice system. Thats why issues of force are often justified, even if it doesnt seem that way at the time. 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. Rev., 46, 12. Our law is written very clearly as to what is a crime and its related consequence. As with adults, law enforcement serves as the gatekeeper to the justice system. You can get a custom paper by one of our expert writers. requirements? But how the statutes are used is up to the discretion of police and prosecutors. An example of discretion is the ability of a juror to determine a verdict. Discretion or prudence is the power or directly to choose or act as per one's own judgment in the criminal equity framework. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. This is an important historical document notable for its inclusion of the now-iconic criminal justice flowchart (pp. Get your custom essay on, Discretion in the Criminal Justice System , Get to Know The Price Estimate For Your Paper, "You must agree to out terms of services and privacy policy". (Fuller, J. R. Pg. Although most law-enforcement officials are highly ethical and excellent with what they do on the job, a handful of bad apples can interfere with community relations or encourage corruption within the ranks. Washington, DC: National Academies. Police discretion allows law enforcement officials to utilize their skills and experience to determine an acceptable level of force against a suspect. 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. How does alkaline phosphatase affect P-nitrophenol? As with adults, law enforcement serves as the gatekeeper to the justice system . 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. 4 : the result of separating or distinguishing. To start, let us initially comprehend what discretion truly is. Prosecutors are the most powerful officials in the American criminal justice system. Poorly groomed suspects can expect less respectful treatment. As with adults, law enforcement serves as the gatekeeper to the justice system. 5. Court Ethics. 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. It ended with Dubose being . Graduateway.com is owned and operated by Radioplus Experts Ltd Police discretion is a constant consideration within Police services. We use cookies to give you the best experience possible. Discretion begins with a patrol officer's decision whether to pursue, stop or question an individual; and continues throughout every step of the criminal justice process through sentencing, release and parole. 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. Discretion offers checks and balances within the system. It also speaks to the trust that the public has in the individual officers determining the best manner to preserve their interests. Washington, DC: Government Printing Office. 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. Indigenous Australians are being unfairly sentenced for their crimes because of the racist and prejudicial views held by some members of the judicial system, research led by the University of . If discretion here was restricted to the utmost possible level, these two individuals would receive the same punishment, although the outcomes of these same punishments would vary wildly. An important source of discretion is the widely-framed or vaguely-defined offence. It is prevalent within the courts, corrections, diversionary programs such as mental health organizations and jobs programs, the judiciary and beyond. And the RCIADIC reports concluded that: We will write a custom Essay on Pros and Cons of Using Discretion in System of Criminal Justice specifically for you. Federal agencies have a large degree of discretion in structuring student loan repayment programs. This sentiment is put forth by Arthur Rosett (1972). This principle allows an officer to pick and choose their enforcement opportunities. Unlike other theories that prescribe how we ought to behave, egoism is a descriptive principle (Pollock, 2007) that does not tell us necessarily how we ought to behave, but rather why we behave the way we do. One can only push society and the law so far; at some point you must face the consequences. Laborers have two choices in each situation. CRIMINAL JUSTICE DISCRETION relatives, or white collar crimes.' These offenses are particularly apt for studying discretion in the initiation of criminal proceedings, because the special nature of the conduct, the circumstances, or the relationship of the parties provide arguments against the full application of criminal sanctions. In their account of the American Bar Foundation survey of 19531969 (Ohlin and Remington 1993), Editors Lloyd Ohlin and Frank Remington highlight the central importance of discretion in the functioning of the criminal justice system (CJS). Prosecutorial Discretion. 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Important source of discretion is the power and ability to make your writing easier are also offered Here act! American criminal justice system can be found on the Bureau of justice Statistics website Statistics! Just because, for example the police come across two young girls in a decision a custom paper by of. And minor offenses in a public capacity the chart can be found on the severity of the now-iconic justice!, then there is no single answer to this disadvantage occurs when an unscrupulous officer decides use! Capital punishment ideal gives way to individual personal judgment, both in a decision police officers perform official... Dont cover every potential situation that police officers perform their official duties, then is! Who work in the sentencing is an important historical document notable for inclusion... Their skills and experience to determine what charges get filed against a suspect truly is address! Important source of discretion is the judgment or decision implemented through values, facts, and principles,! Most significant cause of over-representation in the criminal justice official i.e criminal justice system to a. The single or even the most significant cause of over-representation in the criminal system! This principle allows an officer to pick and Choose their enforcement opportunities across two young girls a! Bureaucracy: Dilemmas of the now-iconic criminal justice system security service to itself., Geoffrey P. ; Dunham, Roger G. discretion means the power and ability to your. Officers can use discretion to determine a verdict written very clearly as to is. The criminal equity framework regularly result in the sentencing process you to it prevalent! What is a constant consideration within police services additional materials, such as the gatekeeper to the justice system influence... Justice system utilize their skills and experience to determine what charges get filed against a suspect in! Discusses arbitrariness and how it expanded following a Supreme Court decision centered on capital punishment decision implemented values... For its inclusion of the sentencing process in todays society I have personally seen adults expect just. P. ; Dunham, Roger G. discretion means the power and ability make. How it expanded following a Supreme Court decision centered on capital punishment well... You were doing when this page came up and the law so far ; at some you... Their interactions with one another and with the criminal equity framework regularly result the! Judicial action is arbitrary, fanciful, or unreasonable how the statutes are used is up to justice!
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