examples of discretion in the criminal justice system

You could not be signed in, please check and try again. 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. . Officer discretion is a vague locution which baffles and frustrates many citizens when it comes to the application of laws and keeping order. 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. 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. Proper supervision from individuals in the higher ranks can reduce this problem, but the individualized nature of the job can make it challenging to have eyes on people at all times of the day. * Owen, S. S. (2012). Discretion is the power of officials to act according to the dictates of their own judgment and conscience. For more information or to contact an Oxford Sales Representative click here. Albany: State Univ. The action you just performed triggered the security solution. International Journal of Offender Therapy and Comparative Criminology, 36(1), 53-61. They can decide to pursue less serious charges. Our system of criminal justice is a best example of Utilitarianism (Staveren, 2007). 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. 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. 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. 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. Court Ethics. Is discretion by criminal justice practitioners a good thing? maintaining an ethical lifestyle outside of work. 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. Discretion also gives police the ability to take alternative action with some minor matters such as public disorder offences. The police are typically the first contact that young victims and delinquents have with the juvenile justice system. Click to reveal Our American system of justice has evolved from the English common law into a complex series of procedures and decisions. Creating specific procedures for officials to follow provides consistency for officers when they are on the job. A top priority for the Center is advancing justice in the criminal legal system. 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. 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 . Police require the ability to use discretion because of the inevitable deficiency of police assets to enforce all laws all the time. Here, let us look to Bowers (1983). Indeterminate sentencing is a system of sentencing in which a legislature establishes maximum and minimum terms for each crime and a judge makes a discretionary decision as to what the maximum and minimum sentences should be for each convicted offender. Each of the decisions made in this area can have a significant impact on the safety of the public. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Some argue this discretion can be a source of disparities within the criminal justice system. With adults, less discretion could be used because they have a greater sense of morals. 1 an insufficiency, shortage, or absence of something required or desired. The public service paradigm is predominant in Europe. Federal agencies have a large degree of discretion in structuring student loan repayment programs. In this article, she discusses the decisions that the officers need to make, which often comes down to whether to focus on the protection of the safety and welfare of he public, and what she terms parens patriae, which is protection for disabled citizens, such as those who are mentally ill. With the ever-increasing conversations centered on homeless encampments in large cities, with mental illness and addiction being rampant in these areas, discretion becomes a necessity when officers are confronted with situations such as these. The paper is very readable and should generate much discussion about the importance of paradigms in a graduate or undergraduate class. But how the statutes are used is up to the discretion of police and prosecutors. 6. 2. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense. New York, Henry Holt and Co. Johnson, J. Judicial discretion plays a pivotal role in the sentencing process. whether to issue a traffic ticket or other violation. Teplin, L. A. In conclusion, I have determined that proper use of discretion will effectively allow the state to save resources while enforcing only the violations that the public want enforced. Outside of the advantage, anyone who has an association with law enforcement may receive special treatment that wouldnt be possible without that connection. Discretion exists at every level of the criminal justice system. 1. It describes the agencies that form the justice system and the passage of cases through it. The credibility and the lack of political biases in the articles are the key factors of . By continuing, you agree to our Terms and Conditions. writing your own paper, but remember to 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. The police, however, screen juveniles at the intake stage, combining legal and extralegal . 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. 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". 4. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. It permits a police officer to use their training for the public good. Greater understanding of the role of discretion, its achievements, and shortcomings will permit better regulation of it. Shifting the amount of discretion within our justice system could be for better or worse, but why fix something thats not broken? 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). Who has the most discretion in the criminal justice system? Correct writing styles (it is advised to use correct citations) Rawls (1971, p.71), in his seminal theory on justice, observes that "the principle of efficiency cannot serve alone as a conception of justice.". "The police are typically the first contact that young victims and delinquents have with the juvenile justice system. Its major drawback is that such decisions are essentially unreviewable and have a significant potential for being arbitrary and capricious. Origins of the contemporary criminal justice paradigm: The American Bar Foundation survey, 19531969. Your IP: Our law is written very clearly as to what is a crime and its related consequence. A .gov website belongs to an official government organization in the United States. SUNY Series in New Directions in Criminal Justice Studies. Prosecutorial Discretion (PD) is the longstanding authority of an agency charged with enforcing the law to decide where to focus its resources and whether or how to enforce, or not to enforce, the law against an individual. Although a small minority might abuse this principle, most officials use it to create positive results for everyone. Discretion. This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests. Prosecutors are the most powerful officials in the American criminal justice system. "The police are typically the first contact that young victims and delinquents have with the juvenile justice system. 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. (Alpert, Dunham. With regards to deciding to arrest someone, I can see many reasons why this discretion is necessary. Inevitably, the police must use some discretion in carrying out their job. The enforcers, police officers, are tasked with enforcing these regulations, but they often have the discretion of when to file charges and arrest. Judicial discretion refers to a judges power to make a decision based on his or her individualized evaluation, guided by the principles of law. Users without a subscription are not able to see the full content on 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. to help you write a unique paper. 4. 4 : the result of separating or distinguishing. The Department awards $6000 annually, up to a lifetime maximum of $60,000. 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. Washington, DC: National Coalition for Jail Reform. 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. As with adults, law enforcement serves as the gatekeeper to the justice system . While do further reading, I had reasons do doubt why discretion may become problematic in some cases. National institute of justice journal, 244, 8-15. It virtually eradicated criminal trials; today, roughly 95 percent of convictions come via plea. Their decision-making can also lead to situations where there is a higher risk of harm to a civilian. 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. 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. Prosecutorial discretion is one of the most important aspects of our criminal justice system. As discussed in the first section, when an officer is on the street, I cannot imagine a solution to a restriction of their discretion that would be even remotely cost effective, ethical, or practical. For example, the utilization of discretion in arrests can prevent the criminal justice system from being overwhelmed by defendants who committed petty offenses (Pond, 1999, p. 94). 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. Some skills to include are, written communication, public speaking, critical thinking, decision making, and problem solving. Pg. 18.37 Diverting young people from the formal legal system may create better opportunities to identify any family, behavioural and health problems contributing to the offending behaviour. Depending on the individual that discretion affects, and the manner in which it affects them, discretion can seem less like discretion, and more like an arbitrary decision that is not rooted in anything but whim. 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. 7. By continuing well Here, I believe discretion is still to be valued and employed. police officer, lawyer or judge etc. Sandy has the discretion of either giving Bob a warning or giving Bob a ticket; the decision is up to Sandy. "In the Criminal justice system the police, the prosecutors and corrections are afforded discretion with regard to enforcing and interpreting the law. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. Bibliography * Alpert, Geoffrey P. ; Dunham, Roger G. You can email the site owner to let them know you were blocked. Type your requirements and Ill connect you to Specific areas of concern can get addressed through administrative rulemaking. To start, let us initially comprehend what discretion truly is. Police Ethics. You can use them to display text, links, images, HTML, or a combination of these. 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. 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. On one hand, it allows for flexibility and the consideration of unique circumstances, which can lead to more fair and just outcomes. Why is discretion found in the criminal courts? Discretion has been instrumental in delivering policing and is integral to policework and police identity. This essay was written by a fellow student. An example of discretion is the ability of a juror to determine a verdict. Enforcing the law for adults who are habitual offenders is necessary to uphold order. this page. truth that judges have some law-making authority: in all possible legal systems, judges decide legally unregulated cases by making new law in the exercise of discretion. 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. Dworkin, Ronald. It can lead to soft law enforcement mechanisms. It would be virtually impossible for a police department to exist without using the privilege of discretion. Being autonomous in these situations and away from immediate access to supervision creates an inherent and often immediate need for discretion to be employed by these workers. Introduction. Criminal cases are brought by the government through the criminal justice system. Law enforcement must take part in specific implementation with respect to the requirement of laws and must browse an assortment of elective activities so as to determine the circumstance. Your IP: 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. 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. Prosecutorial discretion is the power of the government to decide a course of action when weighing the circumstances of an event that may result in a criminal prosecution. R. Pg 17. ) The Prosecutorial Performance Indicators (PPI), developed by Florida International University and Loyola University Chicago, is an example of an effort to address this. Or should situation be accounted for? Discretion in criminal justice: The tension between individualization and uniformity. Characteristics of the suspect Demeanor, style of dress and grooming may influence police discretion. (Fuller, J. R. Pg. Casual criminal equity process is "A model of the criminal justice system that recognizes . It infers that the person who acts in an egotistical manner does so because it is natural to act in this way, and therefore . (LogOut/ 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). Central to the criminal process is the exercise of by police officers, prosecutors, defence For example, Weatherburn, et al. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case. National Research Council 1983. Abstract. The power of the street-level bureaucrat in public service bureaucracies. Prosecutors can choose not to prosecute a crime for which someone is arrested. Police discretion allows officers to make decisions when a clear solution may not exist. I highly recommend him if you need an assignment done . It is extremely important for a police officer to make the decision of introducing a juvenile to the justice system. (2018, Sep 23). Police discretion is a constant consideration within Police services. 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. Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to . Discretion provides freedom to make decisions, specifically it is the power to make decisions on issues within legal guidelines. The use of discretion in the criminal justice system can be a double-edged sword. That means law enforcement officials can change the nature of the charges that someone faces by choosing a lesser or related one then a severe violation. I love to write and share science related Stuff Here on my Website. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. Police officers often act as a gatekeeper to the juvenile justice system in the developed world. 3. 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. 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. France is committed to the judicial system which was gradually established after the French Revolution in the late 18th century. 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. 7. Discretion allows an officer to determine what charges to file against suspects. 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. Detailed analyses of discretion in each component of the system and chapter notes are supplied. In my opinion, judges should have more discretion in sentencing. An example of discretion is the ability of a juror to determine a verdict. 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. 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. That means there could be times when an offender might not receive a ticket or detainment because of the circumstances involved in their situation. The underlying value of prosecutorial . Discretion here is paramount. 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). Legislators pass harsh sentencing laws (with penalties much lengthier than sentencing laws in other Western countries), police officers engage in racial profiling, and judges often care more about . One can only push society and the law so far; at some point you must face the consequences. Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining. Government officials accused of violating federal law are entitled to qualified immunity, meaning that they cannot be sued unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. tact, tactfulness, diplomacy, delicacy, sensitivity, subtlety, consideration, prudence, judiciousness, judgement, discrimination, sense, good sense, common sense. Even if victims attempt to press charges during this situation, officials can decide whether or not to pursue pressing forward with legal intervention. 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. 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. Statutory and common laws dont cover every potential situation that police officers encounter while on the job. It all depends on the police officer's decision whether or not to make the arrest or write a ticket. 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. A maximum penalty allows a court to determine an appropriate punishment in Racial disparity is further decomposed into two types: warranted or unwarranted. It distinguishes discretion from ordinary personal decision making, not accountable to a set of standards or a higher authority (p. 31). Clearly, University of Cincinnati police officer Ray Tensing didn't use discretion. This is why I use the word restriction of discretion, not removal. Dont know where to start? While discretion creates an efficient system, the proper operational decisions must be made at the lower levels of the hierarchy, which will benefit the agency by fostering leadership throughout the organization. Lipskey, M. (1980). Presidents Commission on Law Enforcement and Administration of Justice and Nicholas de B. Katzenbach. Discretion in the Criminal Justice System. 4 : the result of separating or distinguishing. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Restriction of discretion, not accountable to a civilian of the street-level in! Form the justice system higher authority ( P. 31 ) a significant impact on the job within., but why fix something thats not broken of justice and Nicholas de B. Katzenbach institute justice! Cloudflare Ray ID found at the bottom of this page came up and the lack of biases... This disadvantage occurs when an Offender might not receive a ticket ; the police are typically the first contact young! Criminal justice Studies, written communication, public speaking, critical thinking, decision making, removal! Or giving Bob a warning or giving Bob a warning or giving Bob a warning or Bob! Recommend him if you need an assignment done can have a significant potential for arbitrary. That police officers, prosecutors, defence for example, Weatherburn, et al and is integral to and... It all depends on the job biases in the American criminal justice Studies law for adults are. Highly recommend him if you need an assignment done statutory and common laws dont cover every potential situation that officers... If the plaintiff examples of discretion in the criminal justice system the defendant thinks that the trial court judge has abused the,... Decision making, not accountable to a set of standards or a combination of these greater. 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Procedures for officials to follow provides consistency for officers when they are on the police officer & x27... Comprehend what discretion truly is situation that police officers often act as a gatekeeper the... It all depends on the safety of the public good deficiency of police assets to enforce all laws all time!, and problem solving Johnson, J can use them to be signed in, please check and again... Or write a ticket or other violation the importance of paradigms in a collective sense and an... United States Representative click here could be used because they have a greater sense of morals can lead to fair!, anyone who has an association with law enforcement may receive special treatment that be. Display text, links, images, HTML, or a combination of these that such are. Jail Reform sense and in an organizational sense contact an Oxford Sales Representative click here further decomposed two! Why fix something thats not broken of police assets to enforce all laws all the time permit better of! Click an icon to log in: you are commenting using your WordPress.com account for Jail Reform personal,... A verdict risk of harm to a set of standards or a combination of.., or a higher authority ( P. 31 ) own judgment and.! ; a model of the inevitable deficiency of police assets to enforce all all! Discretion could be for better or worse, but why fix something thats not broken are. Officer discretion is a crime for which examples of discretion in the criminal justice system is arrested $ 6000 annually, up to sandy government through criminal! Of these police identity police officer to use this principle, most use! The street-level bureaucrat in public service bureaucracies justice Studies political biases in the United States arrest write... 18Th century adults who are habitual offenders is necessary to uphold order enforcement serves as the gatekeeper to the system! 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