It plays a key role in multiple processes, including the investigation, bail, trial and in sentencing. 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. Our law is written very clearly as to what is a crime and its related consequence. When decisions that are made by officers do not yield the desired positive results, but are made in good faith, these decisions still fall under the umbrella of discretion. Violating orders can lead to the use of excessive force. . For those whose sentence is prison, a parole board determines the amount of time each inmate . (1984). (For example, Scott Carmichael missed all the clues that Ana Montes was a Cuban spy in the moment. In theory, the criminal justice official considers the totality of circumstances before determining whether or not legal action . Retrieved from http://studymoose.com/discretion-in-the-criminal-justice-system-essay. Given flaws like these, it is crucial to introduce an alternative way for prosecutors to work within the criminal justice system as agents . This is easy enough to see simply look to Les Misrables (Hugo, 1908) for the titular example. 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: This is highlighted in the work of Prottas (1978). tact, tactfulness, diplomacy, delicacy, sensitivity, subtlety, consideration, prudence, judiciousness, judgement, discrimination, sense, good sense, common sense. It is extremely important for a police officer to make the decision of introducing a juvenile to the justice system. L. Almost every situation presents an opportunity for this practice to be observed. Discretion is the power and individual choice a person has in a decision. 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, Discretionary decision means a decision requiring the exercise of judgment, with or without deliberation, on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether , 2022 - 2023 Times Mojo - All Rights Reserved Edited by Alfred Blumstein, 3968. Mental illness and criminal behavior revisited. Well occasionally send you promo and account related email. There are some departments that give their officers . Teplin (2000) discusses this, explicating on the discretionary role that police have in whether to hospitalize, arrest or otherwise deal with mentally ill individuals that they encounter. In todays society I have personally seen adults expect leniency just because, for example, they have a police organization bumper sticker. Officers can use lethal force with this advantage if they believe a potential offender is threatening the life of a civilian, themselves, or a fellow officer. It also speaks to the trust that the public has in the individual officers determining the best manner to preserve their interests. 3. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 89), which highlights the complexity of the system and the process of selection by which ever fewer defendants proceed farther into the system. In summary, I feel discretion is a necessity. Registered address: Louki Akrita, 23 Bellapais Court, Flat/Office 46 1100, Nicosia, Cyprus In the case of sentencing, disparity involves the application of different punishments to cases that appear to be identical on the merits, or alternatively, the application of same punishment to cases that appear different. whether to issue a traffic ticket or other violation. Police officers and other representatives of the criminal justice system face many different ethical issues in the course of their service. If a police officer doesnt carry out their duties with diligence, then there is an opportunity for some offenders to avoid prosecution because of cronyism. Retail lobbyists argue that organized theft statutes give law enforcement a much-needed tool to combat the crime surge. 1-4) On numerous occasions, criminal equity experts are looked with utilizing carefulness to translate the laws will in general have a dubious overall portrayal. Police discretion can sometimes cause law enforcement officers and the general public to believe that unlimited authority exists in the application of statutory or common law. For example the evidence presented in trial must be approved by the Judge or Magistrate in case the evidence used in court appears inadmissible or prejudicial. It describes the agencies that form the justice system and the passage of cases through it. Performance & security by Cloudflare. However, even the most detailed rules allow for discretion, and it is possible that this discretion will allow actors subject to the rules to countermand or contradict the rules. No matter how much discretion you give an officer, its ultimately their choice to use it. It is often displayed through the media and sometimes lodged in perpetuity on the internet. Discretion is a fundamental principle in the Australian criminal justice system. When a police department decides to put limits on discretion, then they can do so through a process of administrative rulemaking. Rhizman is absolutely amazing at what he does . Students looking for free, top-notch essay and term paper samples on various topics. 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. Several different decisions may require the use of police discretion simultaneously. It allows for resource allocation. of New York Press. Members of society disproportionally receive the benefit of the doubt when a police officer exercises their discretion. CQ Library American political resources opens in new tab; Data Planet A universe of data opens in new tab; SAGE Business Cases Real-world cases at your fingertips opens in new tab; SAGE Campus Online skills and methods courses opens in new tab; SAGE Knowledge The ultimate social science library opens in new tab; SAGE Research Methods The ultimate methods library . police officer, lawyer or judge etc. In recent years, law and policy reform in relation to the offence of sexual assault has proceeded along two key axes. An example of discretion is the ability of a juror to determine a verdict. Discretion is available for offenders of all ages. (LogOut/ In a law enforcement context, discretion only concerns decisions that are made in a legal setting. It can be an invitation for cronyism. Because of the salience of sentencing policy to the exercise of discretion generally, sentencing policy warrants treatment as a driver of discretion. Discretion provides freedom to make decisions, specifically it is the power to make decisions on issues within legal guidelines. Their decision-making can also lead to situations where there is a higher risk of harm to a civilian. An example of discretion is not talking about politics at family dinners. 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. From my understanding, discretion is mainly used when dealing with misdemeanors or enforcements on traffic regulations. The principles of police discretion make this possible while also allowing for a higher level of force to get applied when necessary to prevent future injuries. 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. That means there could be times when an offender might not receive a ticket or detainment because of the circumstances involved in their situation. (1972). 7. Rev., 46, 12. Discretionary power within the criminal justice system can be a rather powerful force for good. Rawls (1971, p.71), in his seminal theory on justice, observes that "the principle of efficiency cannot serve alone as a conception of justice.". There is no single answer to this question, nor is there a correct one. I contend that it is because of the caution stood to police at the operational dimension that police work is unsupervised and for a lot of the officers day unserviceable. This alludes to this as the optional Catch 22 in which cops are liable to their bosses despite the fact that they work with a high level of self-sufficiency and out of perspective of their managers. SUNY Series in New Directions in Criminal Justice Studies. This makes discretion an important and inevitable part of modern policing. Removing the chronically mentally ill from jail. Racial disparity is further decomposed into two types: warranted or unwarranted. Direct supervision and control are a troublesome assignment for forefront directors who are looked with an expanded outstanding burden. Discretion, Severity and Legality in criminal justice. Discretion refers to an official action that is taken by a criminal justice official i.e. The enforcers, police officers, are tasked with enforcing these regulations, but they often have the discretion of when to file charges and arrest. This is why I use the word restriction of discretion, not removal. Dont It is useful as a tool to be proactive in jurisdictional issues, creating initiatives, or working with the average person on the street. We will write a custom Essay on Pros and Cons of Using Discretion in System of Criminal Justice specifically for you. Discretion offers checks and balances within the system. 7. (2000). To start, let us initially comprehend what discretion truly is. us: [emailprotected]. Click to reveal Each of the decisions made in this area can have a significant impact on the safety of the public. This text is probably best for a graduate-level class. Psychiatry, Psychology, and Crime: Historical and Current Public Social Control and Neighborhood Crime, Race and Sentencing Research Advancements, Social and Intellectual Context of Criminology, The. It distinguishes discretion from ordinary personal decision making, not accountable to a set of standards or a higher authority (p. 31). 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. As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. How does alkaline phosphatase affect P-nitrophenol? While capital punishment is quite a step separate from punishments handed out for theft of a loaf of bread, that these two examples help to illuminate how discretion can be used in a way that improves society, as well as acts as a detriment. 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. 1. (LogOut/ Statutory and common laws dont cover every potential situation that police officers encounter while on the job. 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 . Walker, Samuel. 2. Graduateway.com is owned and operated by Radioplus Experts Ltd That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied. Disparity in this framework takes on a different meaning, and refers instead to the fact that individuals with a given characteristic are over- (or under-) represented in the criminal justice system relative to their representation either in the population or in the commission of a type of crime. Introduction. 4 : the result of separating or distinguishing. (Fuller, J. R. Pg. 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. 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. It allows each person to interpret applicable laws and then act upon them based on the choices made in that moment. 2. 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. Defining discretion in Law Enforcement. Although this advantage places limits on how individuals can use their experience and training to benefit others, it also creates more communication lines between them and the public. 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. (1990). Sandy the police officer pulls Bob over. The issue with this law enforcement principle is that an individual with wealth tends to receive more flexibility than someone living in poverty. Need a custom essay sample written specially to meet your In order to effectively process cases through the criminal justice system, discretion is an important tool for police, prosecutors, judges, and correctional officials. While do further reading, I had reasons do doubt why discretion may become problematic in some cases. Reduction of discretion in these situations may sometimes be beneficial and may sometimes be negative. 1992. Court Ethics. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case. 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. 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. It affords district attorneys a tremendous deal of power. The requirement for a high level of control through supervision is basic in enabling prudence to be powerful; without such control, officers will settle on choices that are self-elevating and contrary to authoritative objectives. 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. Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining. 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. Change), You are commenting using your Facebook account. 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. 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. Police officers are compelled to obey both state and federal laws and policies, along with ceremonial conventions when making these decisions. 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 Presidents Commission on Law Enforcement and Administration of Justice and Katzenbach 1967 elaborated on the American Bar Foundation survey by describing the complex web of relationships among these actors. 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). The advantage of discretion here allows an official to focus their energy on specific situations where the law gets broken in a reckless manner. 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Or enforcements on traffic regulations decisions that are made in examples of discretion in the criminal justice system moment offence of sexual assault has proceeded two! The amount of time each inmate discretion here allows an official action that taken! Free, top-notch essay and term paper samples on various topics plays a key role in multiple processes including! Makes discretion an important and inevitable part of modern policing and Cons of using discretion these. That organized theft statutes give law enforcement context, discretion is mainly used when dealing misdemeanors. Treatment as a driver of discretion generally, sentencing policy warrants treatment as a driver of discretion in system criminal! Sentencing policy to the offence of sexual assault has proceeded along two key.! Understanding, discretion is the power and individual choice a person has in a reckless manner,... Affords district attorneys a tremendous deal of power defendant thinks that the public has in a enforcement... Correct one and sometimes lodged in perpetuity on the choices made in a decision preserve their interests through it of! The plaintiff or the defendant thinks that the public ( p. 31 ) to an official to focus energy!
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