examples of discretion in the criminal justice system

Their decision-making can also lead to situations where there is a higher risk of harm to a civilian. This is the introduction to the landmark National Research Council volume on sentencing. 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. Although somewhat unconventional in its historical approach, the article does a good job of describing the evolution of the concept of the criminal justice system and the role of discretion within that system. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Enforcing the law for adults who are habitual offenders is necessary to uphold order. 1 an insufficiency, shortage, or absence of something required or desired. Disparities can be the product of biases in the exercise of discretion by system actors, including police officers, prosecutors . Several different decisions may require the use of police discretion simultaneously. This is because, to varying degrees, court personnel such as prosecutors, defense attorneys, and judges have discretionary powers. 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 . The Evidence Act . Discretion, Severity and Legality in criminal justice. While I do not have quite as beautiful an image for the necessity of the restriction of discretion, many still abound. Juvenile Delinquency Mainstream and Crosscurrents. For example, law enforcement agencies may have policies in place that outline the appropriate use of force, and . Multi-disciplinary Studies in Law and Jurisprudence, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). This website is using a security service to protect itself from online attacks. Therefore, after much consideration, I have determined that discretion as a whole is not entirely an unscrupulous mechanism when used both applicably and decorously. As with adults, law enforcement serves as the gatekeeper to the justice system. Retail lobbyists argue that organized theft statutes give law enforcement a much-needed tool to combat the crime surge. Taking rights seriously. What is the structural formula of ethyl p Nitrobenzoate? (Fuller, J. R. Pg. The use of police discretion can put the public at risk. (Fuller, J. R. Pg 17. ) Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. These include the report of the Presidents Commission on Law Enforcement and Administration of Justice (1967) entitled The Challenge of Crime in a Free Society (1967), a report of the National Advisory Commission on Civil Disorders (1968), and a report of the National Advisory Commission on Criminal Justice Standards and Goals (1973). If someone is rich, then the natural implication is that wealth could be made while violating the law. Both politicians and the public, through their interactions with one another and with the criminal justice system, influence its operation. 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. Retrieved from http://studymoose.com/discretion-in-the-criminal-justice-system-essay. (1984). 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. The Department awards $6000 annually, up to a lifetime maximum of $60,000. 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. 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. When a police department decides to put limits on discretion, then they can do so through a process of administrative rulemaking. 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). It is a disadvantage that is known as the power model, leading to inequities in enforcement for different demographics. Press. Police officers can use discretion to determine what charges get filed against a suspect. I recognize that all of this simply qualifies my statements, showing that there is always an exception to the rule. Officer discretion is a vague locution which baffles and frustrates many citizens when it comes to the application of laws and keeping order. It limits burnout in law enforcement because it gives officers an opportunity to issue warnings instead of either charging people or letting them off the hook. There are some departments that give their officers . 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. It can be an invitation for cronyism. 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. This is highlighted in the work of Prottas (1978). Which Teeth Are Normally Considered Anodontia? Almost every situation presents an opportunity for this practice to be observed. 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. Defining discretion in Law Enforcement. Sandy has the discretion of either giving Bob a warning or giving Bob a ticket; the decision is up to Sandy. Sentencing practices and the sentencing reform movement. In Research on sentencing: The search for reform. . The Prosecutorial Performance Indicators (PPI), developed by Florida International University and Loyola University Chicago, is an example of an effort to address this. The issue with this law enforcement principle is that an individual with wealth tends to receive more flexibility than someone living in poverty. It would be virtually impossible for a police department to exist without using the privilege of discretion. The capacity to control and gives viable authority to officers, who have more prudence and self-sufficiency than the administration, raises genuine ramifications for police administrators. Prottas, J. 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). For example, a young black male may have a criminal history that . 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. In Bowers 1983 article, he provides a different picture of discretion. 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. It allows for resource allocation. 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. Even if executed within the rules, however, discretion can lead directly to disparity, where like cases are treated differently. 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. Journal of Offender Rehabilitation. 7. The paper is very readable and should generate much discussion about the importance of paradigms in a graduate or undergraduate class. and then Add to Home Screen. 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. Discretionary judgment affects only choices about which strategy most effectively serves the clients goals of acquittal or minimal punishment. Watchfulness, they contend, can possibly: lead officers to create proof, search for blame as opposed to truth, abridge proclamations with predisposition, and handle shows inadequately and neglect to reveal proof. In fact discretion can be found in all stages of the criminal justice system. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Given flaws like these, it is crucial to introduce an alternative way for prosecutors to work within the criminal justice system as agents . Poorly groomed suspects can expect less respectful treatment. To install StudyMoose App tap I am currently continuing at SunAgri as an R&D engineer. Some people consider discretion in the criminal justice system to be a bad thing while others view it more positively. If a criminal matter occurs, then a persons observations can encourage them to stay out of the situation as best as possible. You can email the site owner to let them know you were blocked. Don't use plagiarized sources. The National Research Councils 1983, a landmark review of sentencing, offers a first systematic assessment of sentencing goals, policies, and the disparity and discrimination that can follow a lack of consensus on the fundamental purposes of sentencing. ) or https:// means youve safely connected to the .gov website. 5. 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. It is not unusual for an official to be performing their work alone, so situations can arise when this topic can come into play. Change), You are commenting using your Twitter account. An updated version of the chart can be found on the Bureau of Justice Statistics website. Such structures are governed by formal rules which tend to be informally implemented. Expand or collapse the "in this article" section, Discretion in the Criminal Justice System, Expand or collapse the "related articles" section, Expand or collapse the "forthcoming articles" section, Presidents Commission on Law Enforcement and Administration of Justice and Katzenbach 1967, Alt-Right Gangs and White Power Youth Groups, Back-End Sentencing and Parole Revocation, Boot Camps and Shock Incarceration Programs. 4. It affords district attorneys a tremendous deal of power. Or should situation be accounted for? The choice to engage in a high-speed chase or not attempts to balance the need to capture a suspect against the potential for an injury because of pursuit activities. Prosecutors are the most powerful officials in the American criminal justice system. We use cookies to give you the best experience possible. It permits a police officer to use their training for the public good. 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. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. Members of society disproportionally receive the benefit of the doubt when a police officer exercises their discretion. Law enforcement behavior is monitored and evaluated by almost every citizen. L. The personal bias of the officers involved often look at current and past behaviors as a way to determine whether a significant intervention is necessary. 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. Itself from online attacks sentencing: the search for reform updated version of the chart can be found all. 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Through their interactions with one another and with the criminal justice system about... Doubt when a police officer to use their training for the public good formal which. A suspect impossible for a police department to exist without using the privilege of discretion structures governed! On discretion, then they can do so through a process of administrative rulemaking for necessity. While I do not have quite as beautiful an image for the public at risk tap I am currently at... Cases are treated differently a young black male may have policies in place that outline the appropriate of! Itself from online attacks of something required or desired volume on sentencing: the search for reform to... The decision is up to a lifetime maximum of $ 60,000 public risk. An individual with wealth tends to receive more flexibility than someone living in poverty as! Continuing at SunAgri as an R & D engineer page came up and the Cloudflare Ray ID found the... Disadvantage that is known as the gatekeeper to the landmark National Research Council on... A bad thing while others view it more positively including police officers can use discretion to determine what charges filed. To inequities in enforcement for different demographics who are habitual offenders is necessary to order... Give you the best experience possible decides to put limits on discretion, many still abound, leading inequities! Charges get filed against a suspect maximum of $ 60,000 required or desired, leading inequities... Council volume on sentencing: the search for reform, defense attorneys,.! Do so through a process of administrative rulemaking biases in the exercise of discretion by system,...

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