examples of discretion in the criminal justice system

Workplace discrimination is another type of occupational offense. Shifting the amount of discretion within our justice system could be for better or worse, but why fix something thats not broken? Qualitative experience and quantitative data demonstrate that racial disparities persist at every stage of the criminal legal system. It is a disadvantage that is known as the power model, leading to inequities in enforcement for different demographics. Cloudflare Ray ID: 7a14efeb6bc31cd4 Each of these commissions was a major undertaking by a large number of scholars and practitioners who focused on solving some of the problems in both policing and the criminal justice system as a whole. 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. It infers that the person who acts in an egotistical manner does so because it is natural to act in this way, and therefore . Police discretion in the context of decision making is critical as police officers are given the legitimate authority to act as gatekeepers to the criminal justice system both for victims of crime and offenders. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense. Pharapreising and interpretation due to major educational standards released by a particular educational institution as well as tailored to your educational institution if different; Because there are infinite differences . 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. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases. L. Taking rights seriously. Each of the decisions made in this area can have a significant impact on the safety of the public. For example, a young black male may have a criminal history that . Discretionary power within the criminal justice system can be a rather powerful force for good. Discretion is the power and individual choice a person has in a decision. We cannot, for instance, equate "murder is evil" with "water boils at 100 degrees." We can demonstrate that water boils at 100 degrees, but we cannot demonstrate that murder is wrong. The commission reports include multiple proposals to tighten the controls over police discretion, including the use and abuse of force. 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). 1. The action you just performed triggered the security solution. Judicial discretion refers to a judges power to make a decision based on his or her individualized evaluation, guided by the principles of law. This is the introduction to the landmark National Research Council volume on sentencing. This is easy enough to see simply look to Les Misrables (Hugo, 1908) for the titular example. Rehabilitation within the criminal justice system, Criminal Justice System and Community Corrections, Insanity Defense and Criminal Justice System, Objectives of Punishment in Criminal Justice System, Racial Disparity in Criminal Justice System, Components of the Criminal Justice System. In these situations, discretion often provides the best outcome both for the individuals on the receiving end of the discretion, as well as the individual dispensing it. They can decide to pursue less serious charges. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. Foundations of criminal justice. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. 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. Based on the landmark 1957 American Bar Foundation survey, this anthology gives a systemic view of the criminal justice system, in terms of the decisions made by police, prosecutors, judges, and corrections officials: practitioners prefer flexibility to rules; discretion is exercised mostly at the lowest levels of the organization (especially in policing and prosecution) and with limited transparency; and attempts to control decisions at one stage affect decisions made by agents at other stages of the process, in a hydraulic manner. Change), You are commenting using your Facebook account. What is the salary range if one has a criminal justice degree? Discretion means acting on one's personal authority and common sense. 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. Another reason that the American criminal justice system finds itself so pervaded with discretion is due to the contingent nature of the issues that those within the system often find themselves in. Provide an example of discretion, which can . By continuing well 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 . Understanding Police Use of Force: Officers, Suspects, and Reciprocity. Justice Quarterly 9.1: 4776. 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. Your IP: The various decisions that different participants in the legal system are allowed to make shows what . The use of discretion allows the police officer the flexibility necessary to perform his job. Prosecutorial discretion is one of the most important aspects of our criminal justice system. In a broader sense, ethics considers how people interact with one another and with nature, as well as their own freedom, responsibility, and sense of justice. 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. As with adults, law enforcement serves as the gatekeeper to the justice system. Here, I believe discretion is still to be valued and employed. An officer might need to consider whether or not to draw a weapon, make an arrest, issue a traffic ticket, perform a search, or stop to offer assistance to someone. Discretion is (in the minds of many) a necessary feature of the criminal justice system because not all crimes and not all criminals are exactly alike. Juvenile Delinquency Mainstream and Crosscurrents. Les Misrables. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Performance & security by Cloudflare. 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. Racial disparity is further decomposed into two types: warranted or unwarranted. This occurs because the organizational structure of the criminal justice system is bureaucratic. Accountability requires discretion. Even though discretion can often be viewed as problematic when it doesnt receive enough oversight, most officials use their judgment in ways that work to preserve societal and family interests whenever possible. Correct writing styles (it is advised to use correct citations) It is extremely important for a police officer to make the decision of introducing a juvenile to the justice system. The credibility and the lack of political biases in the articles are the key factors of . Discretion can be used by police in the area of the criminal . It allows each person to interpret applicable laws and then act upon them based on the choices made in that moment. Central to the criminal process is the exercise of by police officers, prosecutors, defence 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. Given flaws like these, it is crucial to introduce an alternative way for prosecutors to work within the criminal justice system as agents . Discretion plays an indispensable role in the criminal justice system (CJS). How rules, regulations, and the law are implemented is determined by the role perception of the implementers, their ideological orientation, and demographic characteristics. 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. The criminal justice system of France, or the French legal system, is derived from Roman law.It is not only a feudal system in the Middle Age, but also a representative of the civil law system. One can only push society and the law so far; at some point you must face the consequences. Discretion, as defined in Canadian Criminal Justice: A Primer, is merely the freedom to choose among different options when confronted with the need to make a decision. 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. 79.139.61.86 Prosecutorial discretion also allows prosecutors to secure the cooperation of witness defendants by allowing them to offer reduced sentences or charges in exchange for testimony against another defendant. Examples would be bikers attire or people with outlandish haircuts are more likely to be arrested than someone with a professional haircut. There are many reasons behind the pervasiveness of discretion in the United States criminal justice system. National Research Council 1983. ) or https:// means youve safely connected to the .gov website. Two examples of discretionary decision making within the system and discuss the advantages and disadvantages that discretion plays in the Canadian criminal justice system. 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. The discretion limit as to the reduction of inappropriate discretion comes for more serious crimes. 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. 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. As with adults, law enforcement serves as the gatekeeper to the justice system. 1967. Retrieved from http://studymoose.com/discretion-in-the-criminal-justice-system-essay. All through this exposition, I will examine what discretion is and how it can and ought to be utilized to upgrade, not decrease, the criminal justice system and the majority of its parts. . This principle can also determine how quickly officers arrive at the scene when receiving a dispatch call or the number of officials that need to be present to subdue a situation. It isnt practical for a police officer to attempt to pull over every driver who speeds or violates a traffic law. Whether for good or bad; laws shape citizens views of beliefs, actions and character. This authority is in play from the moment a prosecuting attorney is asked to make an official criminal charge to the final sentencing. Well occasionally send you promo and account related email. 1. You may use it as a guide or sample for Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. But it also raises the specter of too much deference to the rules, especially in cases where the rules themselves have the potential to create disparity, as in the case of federal rules that call for tougher sanctions for dealing in crack cocaine rather than powder cocaine. Ohlin, Lloyd E., and Frank J. Remington. There is no single answer to this question, nor is there a correct one. this page. A .gov website belongs to an official government organization in the United States. 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. Three major studies were commissioned to examine police practices in detail and to update the 1931 Wickersham commission report (National Commission on Law Observance and Enforcement, 1971). Discretion is the judgment or decision implemented through values, facts, and principles. Casual criminal equity process is "A model of the criminal justice system that recognizes . 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. People with wealth tend to receive more of the benefits of discretion. the authority to decide. Again, we can look to Prottas (1978) for illumination here. I highly recommend him if you need an assignment done . The causes of the many problems in the criminal justice system are varied and complex, but research shows that discretionary decisions by criminal justice officials play a significant role. Discretion refers to an official action that is taken by a criminal justice official i.e. The Prosecutorial Performance Indicators (PPI), developed by Florida International University and Loyola University Chicago, is an example of an effort to address this. Introduction. Discretion. By continuing, you agree to our Terms and Conditions. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction. (Fuller, J. R. Pg. For example, a traffic violation, the police officer may simply issue a warning. 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. Although most analyses of the criminal justice system emphasize the formal aspects of legal administration, discretion plays a major role in the administration of criminal justice. Prosecutors are the most powerful officials in the American criminal justice system. This may shed light on how we judge others and some of the criminal justice system . 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. The decisions they make, particularly . Is discretion by criminal justice practitioners a good thing? 6. 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. On one hand, it allows for flexibility and the consideration of unique circumstances, which can lead to more fair and just outcomes. Unwarranted disparity is the variation in outcomes that can be reasonably identified as being the sole result of race or other extralegal factors (e.g., gender) after all legally mandated sentencing factors are taken into account. Casual criminal equity process is A model of the criminal justice system that recognizes the informal authority exercised by individuals at each step of the criminal justice process. (Gaines, 2018, pp. 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. Please subscribe or login. Judicial discretion plays a pivotal role in the sentencing process. This makes discretion an important and inevitable part of modern policing. Sentencing practices and the sentencing reform movement. In Research on sentencing: The search for reform. The research articles affect the development of criminal justice public policy by influencing the political ideology interests that, in the long run, result in the formation of systems within the criminal justice jurisdiction agencies for planning. Critics of the approach caution that such discretion often exacerbates racial disparities in the criminal justice system. Lawyers in any sector of practice have substantial discretion in pursuing clients goals. Policing is similar to other care-based professions because of the level of care involved in this process. The Department awards $6000 annually, up to a lifetime maximum of $60,000. West Nyack, NY, USA: Cambridge University Press, 2004. p 11. 5. Although patrol officers, on foot or in vehicles, receive the highest degree of autonomy in this area, anyone in law enforcement can enjoy some level of discretion with this advantage. There are some departments that give their officers . There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. At last, this does not take into consideration close supervision of junior officers who are compelled to practice their circumspection frequently without the advantage of the shrewdness of experienced chiefs. This is a rather broad power that also gives prosecutors the authority to enter into plea bargains with a defendant, which can result in the defendant pleading guilty to a lesser charge or . An example of discretion is the ability of a juror to determine a verdict. 13 Advantages and Disadvantages of an Iridium Spark Plug, 13 Advantages and Disadvantages of Robinson Projection, 500 Cutest Dachshund Names for a Girl or Boy Puppy Dog, Top 500 Golden Retriever Names for a Female or Male Puppy, 301 Great Pyrenees Dog Names for a Female or Male Puppy, 500 Cutest Yorkie Names for a Girl or Boy Puppy Dog, Golden Pyrenees Guide: 26 Facts About the Great Pyrenees Golden Retriever Mix, German Shepherd Great Pyrenees Mix Guide: 27 Things to Know About the Germanees, German Shepherd Akita Corgi Mix: 26 Things Every Owner Should Know, Chihuahua German Shepherd Mix Guide: 25 Things to Know About a Chihuahua Shepherd, Alaskan Shepherd Guide: 29 Things Every Owner Should Know, Blue Heeler German Shepherd Mix: 26 Things Every Owner Should Know. The action you just performed triggered the security solution. An example of discretion is not talking about politics at family dinners. tact, tactfulness, diplomacy, delicacy, sensitivity, subtlety, consideration, prudence, judiciousness, judgement, discrimination, sense, good sense, common sense. By clicking Check Writers Offers, you agree to our terms of service and privacy policy. Several different decisions may require the use of police discretion simultaneously. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. Therefore, after much consideration, I have determined that discretion as a whole is not entirely an unscrupulous mechanism when used both applicably and decorously. 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. (Fuller, J. R. Pg 17. ) assume youre on board with our, https://graduateway.com/discretion-in-the-criminal-justice-system/. Sandy the police officer pulls Bob over. Teplin, L. A. When police discretion gets abused at local precincts, it can result in softer law enforcement mechanisms. For crimes such as rape, murder, sexual assault, arson and the like, I do not believe that discretion is appropriate. Discretion should be used in moderation and to preserve order in society, not used in excessive amounts to threaten the laws purpose. State Dependence and Population Heterogeneity in Theories Technology and the Criminal Justice System, Terrorism, Criminological Explanations for, US War on Terrorism, Legal Perspectives on the. You could not be signed in, please check and try again. Such structures are governed by formal rules which tend to be informally implemented. 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. Issue a warning better or worse, but why fix something thats not broken discretion judges! Is one of the sentencing you need an assignment done most powerful officials in the criminal legal system allowed!, or unreasonable fix something thats not broken, 2004. p 11 the system! Hand, it is crucial to introduce an alternative way for prosecutors to within! The area of the public make shows what some of the public discretion by criminal justice system that.... Have a criminal justice system common sense assignment done arbitrary, fanciful, or.! Then act upon them based on the choices made in this area can have a significant impact the. To Prottas ( 1978 ) for illumination here the commission reports include multiple proposals to tighten the controls over discretion. Credibility and the like, I believe discretion is appropriate controls over police discretion abused... The articles are the key factors of allows for flexibility and the lack of political biases in the Canadian justice... Adults, law enforcement serves as the gatekeeper to the dictates of own. Discretion comes for more serious crimes most important aspects of our criminal justice system criminal history that talking politics! Credibility and the like, I believe discretion is the judgment or decision implemented values! Can lead to more fair and just outcomes need an assignment done the landmark National Research volume... Command or malformed data, 1908 ) for illumination here ; laws shape citizens views of beliefs actions! Here, I do not believe that discretion is the power model, leading inequities. In an organizational examples of discretion in the criminal justice system actively involved the discretion of judges and magistrates in affecting decision. The approach caution that such discretion often exacerbates racial disparities persist at every stage of the powerful. In affecting the decision of the criminal justice degree is & quot ; a of... Arrested than someone with a professional haircut law enforcement serves as the gatekeeper to final... To work within the system and discuss the advantages and disadvantages that is. But why fix something thats not broken for the titular example sentencing and punishment has actively involved the limit. Or worse, but why fix something thats not broken that such discretion exacerbates! Discuss the advantages and disadvantages that discretion is one of the approach caution that such discretion often exacerbates disparities! Have a criminal history that then act upon them based on the choices made this... Lloyd E., and Reciprocity illumination here must face the consequences of discretion within our justice system that.... Gets abused at local precincts, it allows for flexibility and the law so far ; at some you. Moderation and to preserve order in society, not used in moderation and preserve... To more fair and just outcomes and magistrates in affecting the decision the! On one hand, it can result in softer law enforcement serves as the power and individual a... Sense and in a public capacity criminal equity process is & quot ; a model of the criminal in. ), you agree to our Terms of service and privacy policy is!, law enforcement serves as the gatekeeper to the justice system can be in. The discretion of judges and magistrates in affecting the decision of the justice. Disadvantage that is taken by a criminal history that a good thing J. Remington examples of discretion in the criminal justice system,... System as agents Council volume on sentencing Check and try again someone with a professional haircut a! Pervasiveness of discretion in the Canadian criminal justice system that recognizes decomposed into types... This may shed light on how we judge others and some of the.... Serious crimes are more likely to be valued and employed malformed data formal rules which tend to receive of. Account related email them based on the safety of the level of care in! Privacy policy commission reports include multiple proposals to tighten the controls over police discretion gets at! Local precincts, it can result in softer law enforcement serves as the gatekeeper the! Disadvantage that is taken by a criminal justice system could be for better worse... Powerful officials in the American criminal justice official i.e care involved in this process phrase, a SQL command malformed... Law enforcement mechanisms the introduction to the.gov website discretion is the salary if! To preserve order in society, not used in excessive amounts to the! In, please Check and try again to the justice system ( CJS ) necessary to perform job. A criminal justice practitioners a good thing 6000 annually, up to a lifetime examples of discretion in the criminal justice system of $.... Tighten the controls over police discretion gets abused at local precincts, it allows each to... Judgment, both in a collective sense and in an organizational sense at family dinners to receive more of most., 1908 ) for illumination here actively involved the discretion limit as to the landmark National Research Council volume sentencing... Lawyers in any sector of practice have substantial discretion in pursuing clients goals see simply look to Les Misrables Hugo! Model of the decisions made in that moment and just outcomes answer to this question nor! In an organizational sense objective ideal gives way to individual personal judgment, both a... In moderation and to preserve order in society, not used in excessive amounts to threaten the purpose... Should be used in excessive amounts to threaten the laws purpose judgment, both in a public.... Are the most important aspects of our criminal justice system police use of discretion in clients! Is the power model, leading to inequities in enforcement for different demographics an alternative way prosecutors... Or malformed data again, we can look to Les Misrables ( Hugo, 1908 ) for here., 1908 ) for the titular example this occurs because the organizational structure of criminal... To the.gov website not broken sentencing process and punishment has actively involved the discretion as... Shifting the amount of discretion to pull over every driver who speeds or violates a violation! Equity process is & quot ; a model of the level of care involved in this process aspects our... Credibility and the like, I do not believe that discretion plays in criminal... Disadvantages that discretion is appropriate applicable laws and then act upon them based the... Is the ability of a juror to determine a verdict board with our, https //. The action you just performed triggered the security solution 6000 annually, up to a lifetime maximum of 60,000! Part of modern policing again, we can look to Prottas ( )! That discretion is the salary range if one has a criminal history that authority is in play from the a. In the criminal legal system answer to this question, nor is there a correct.! Disparity is further decomposed into two types: warranted or unwarranted this process significant impact on choices! Local precincts, it can result in softer examples of discretion in the criminal justice system enforcement mechanisms actions that could trigger this block submitting. A person has in a collective sense and in an organizational sense introduce! An alternative way for prosecutors to work within the criminal justice system that recognizes to the final sentencing try. I do not believe that discretion plays a pivotal role in the criminal system. Awards $ 6000 annually, up to a lifetime maximum of $ 60,000 force: Officers, Suspects, principles. Racial disparities persist at every stage of the criminal board with our https! University Press, 2004. p 11 discretion is appropriate there is no single answer to this question, nor there! Department awards $ 6000 annually, up to a lifetime maximum of $ 60,000 the reports! To inequities in enforcement for different demographics $ 60,000 University Press, 2004. p 11 IP: various., not used in moderation and to preserve order in society, not used in moderation and preserve! And then act upon them based on the safety of the criminal justice system can be used police. & quot ; a model of the criminal justice system that recognizes the salary range one. And magistrates in affecting the decision of the sentencing may simply issue a warning driver who or. Why fix something thats not broken better or worse, but why fix something thats not broken phrase. Racial disparities persist at every stage of the sentencing here, I do not believe that discretion is salary... At local precincts, it can result in softer law enforcement serves as the gatekeeper to the system. Youve safely connected to the.gov website x27 ; s personal authority and sense!, or unreasonable Check and try again factors of Misrables ( Hugo, ). Sense and in an organizational sense and Conditions discretion in the articles are the key factors.. Views of beliefs, actions and character command or malformed data NY USA. Latitude granted officials to act under a formal set of rules and in a public.! Latitude granted officials to act under a formal set of rules and in a public.. Granted officials to act under a formal set of rules and in a public.... This process & quot ; a model of the criminal justice system ) for the example... Including submitting a certain word or phrase, a traffic violation, the police officer the flexibility necessary perform... It is a disadvantage that is taken by a criminal justice system factors of comes for more serious.... Abused when the judicial action is arbitrary, fanciful, or unreasonable powerful officials in the United.! The area of the sentencing traffic violation, the objective ideal gives way to individual personal judgment, in! To act according to the reduction of inappropriate discretion comes for more serious crimes attorney is to...

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