Discretion in the Criminal Justice System Free Essays.
Making executive decisions in the criminal justice system is the underlying power of legal authority.Police, correctional officers, judges and so on hold the ability to make discretionary decisions based on the situation they are involved in.There are a variety of ways that authority use discretion but it may be different when involving different situations or even different people, i.
Discretion is defined as the power or right to decide or act according to one’s own judgment. Elements of the criminal justice system such as law enforcement.
Discretion-as-license—discretion is the opposite of standard expectations. It’s the privilege to go against the rules, disobey your superiors, be less than optimal or perfect all the time, all without degenerating the rules or eroding the trust between you, your superiors, or the public.
Police Discretion Due to the challenge of digression from acceptable operation standards, police discretion is recognized as a tool that can be used success fully for the advancements of the professional credentials of the police force.
Although it is common throughout the criminal justice system, some authoritative figures don’t use discretion in a way to guide punishments; they stay in accordance with established guidelines. In my opinion, depending on the severity of the crime discretion should or should not be used.
Prosecutorial Discretion Essay There is no more powerful person in most courthouses than the prosecutor, with largely unfettered discretion over critical life, death, and freedom decisions, and precious little guidance and oversight for the exercise of that discretion.
There are numerous reasons why healthy discretion is a critical tool in the criminal justice system. Here are a few of the reasons I think healthy discretion needs to be used in all decisions made in the criminal justice field whether it's officers, lawyers, courts or corrections facilities.
Discretion is the exercise of choice by law enforcement officers in the decision to investigate or apprehend the disposition of suspects, the carrying out of official duties, and the application of sanctions. The cops have the power to decide whether to act depending on the judgment they feel they must make.
Discretion is used at all levels of the criminal justice system. The police, lawyers, courts, individuals, and corrections all have instances such as deciding minor differences in matters such as a routine pull over for the police, whether to take a case or not for lawyers, whether to break the law or not for citizens, and for judges how long of a sentence should be handed down.
Discretion involves the power of Judges and magistrates to determine the most appropriate sentence for a case. Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances.
Discretion is a necessary tool because criminal justice personnel will come into contact with different people in different situations. Many of those times, there will be actions or a situation that they have never heard of and for this, the rules, laws, and guidelines that are written need not be followed because of factors involved.
Discretion In The Criminal Justice System Essay A contributor to crime control is the low-level personnel decision makers. Social problems are solved by criminal law and unlawful behavior is diverse in nature. Criminal justice agency policies have an impact on other agencies.
This same argument can be applied to s.269 of the Criminal Justice Act 2003, “in which Parliament curtailed the judges’ discretion to determine the minimum term to be served by a person convicted of murder, imposing a restrictive structure on the judges’ power.” (Ashworth, 2005:52).
