Don't use plagiarized sources. 5. Shifting the amount of discretion within our justice system could be for better or worse, but why fix something thats not broken? I took a diminishing perspective of police the executives capacity to control the prudence of operational cops. (2022, Feb 10). Specific areas of concern can get addressed through administrative rulemaking. 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. It all depends on the police officer's decision whether or not to make the arrest or write a ticket. I highly recommend him if you need an assignment done . You could not be signed in, please check and try again. This book is a legal-theory classic on discretion. 7. Police officers can use discretion as a way to protect the general public. Recommended for all readers. Recent U.S. Supreme Court decisions have demanded greater regularity and procedural formality in the juvenile justice system, which is characterized by broad discretionary powers. 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. By continuing, you agree to our Terms and Conditions. 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. Police officers are compelled to obey both state and federal laws and policies, along with ceremonial conventions when making these decisions. That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied. 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. * Fuller, J. R. (2008). With regards to deciding to arrest someone, I can see many reasons why this discretion is necessary. Thats when an official will cross the thin blue line and can face charges themselves. Click to reveal 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. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. New York: Plenum. Discrimination based on ethnicity, gender, age, religion . Clearly, University of Cincinnati police officer Ray Tensing didn't use discretion. 6. ) Dworkin, Ronald. The first chapter is a very readable discussion of the actors in the system, including the legislatures. 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. police officer, lawyer or judge etc. Because of the definition of police discretion, these issues can get written off without a beneficial outcome. Click to reveal "The police are typically the first contact that young victims and delinquents have with the juvenile justice system. 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. Type your requirements and Ill connect you to It affords district attorneys a tremendous deal of power. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case. Defining discretion in Law Enforcement. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. 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. On one hand, it allows for flexibility and the consideration of unique circumstances, which can lead to more fair and just outcomes. (Hereafter referred to as AL.) The advantages and disadvantages of police discretion are numerous and virtually infinite, so these are the critical points to review. To start, let us initially comprehend what discretion truly is. 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. Prottas, J. As with adults, law enforcement serves as the gatekeeper to the justice system. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. 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. 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 may act as a motivation to the general public to be less respectful of the laws and regulations that govern their community. Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime cause changes in sentencing patterns (with concurrent changes in formal laws reflecting broad social norms but not causing criminal justice outcomes), . The use of police discretion provides officers with the flexibility they require to perform their job adequately. The action you just performed triggered the security solution. Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file. 3. As with adults, law enforcement serves as the gatekeeper to the justice system. Oxford Bibliographies Online is available by subscription and perpetual access to institutions. Discretion is the judgment or decision implemented through values, facts, and principles. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. However, their impact has fallen only on adjudicatory stages of processing. 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 the power and individual choice a person has in a decision. Cloudflare Ray ID: 7a14eff5c9562bab 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. It can lead to soft law enforcement mechanisms. Disparities can be the product of biases in the exercise of discretion by system actors, including police officers, prosecutors . Discretion is a fundamental principle in the Australian criminal justice system. Students looking for free, top-notch essay and term paper samples on various topics. 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. This issue also holds true internationally for black men without jobs. Given flaws like these, it is crucial to introduce an alternative way for prosecutors to work within the criminal justice system as agents . 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). 1-45). We apprehend, try, and punish offenders by means of a loose confederation of agencies at all levels of government. Perhaps the easiest to understand and most apparent reason is the inherently diffuse nature of the criminal justice system. The judge is in a position with the most knowledge of the law and the situation, so they have a unique opportunity to decide on the sentencing. Police officers in the United states have the right and the opportunity to act at their discretion to stop, arrest, and use force to bring about an arrest. Violating orders can lead to the use of excessive force. When police discretion gets abused at local precincts, it can result in softer law enforcement mechanisms. discretion as the single or even the most significant cause of over-representation in the criminal justice system. The following sections will discuss the above mentioned issues in deep insight in a bid to set forth recommendations for the continued use, modification, or discontinuation of these issues through the various governmental programs and policy and more so within the police force. Both politicians and the public, through their interactions with one another and with the criminal justice system, influence its operation. Prosecutors can choose not to prosecute a crime for which someone is arrested. As we talked about in class, the 3-strike rule is a fair method of deciding who should be held accountable. I recognize that all of this simply qualifies my statements, showing that there is always an exception to the rule. Prosecutors are the most powerful officials in the American criminal justice system. 2. Five of the most common issues are: determining an appropriate amount of force to use during arrests. Correct writing styles (it is advised to use correct citations) Police officers can use a discretionary amount of force to control a potentially dangerous situation. Removing the chronically mentally ill from jail. For example, Weatherburn, et al. 5. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. White-Collar Crime, The Global Financial Crisis and. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Policing is similar to other care-based professions because of the level of care involved in this process. 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. Decision making in criminal justice: Toward the rational exercise of discretion. In the United States, although crime control is the major role of policing, both paradigms can be seen. Improper exercise of discretion includes such things as taking irrelevant considerations into account, acting for improper purpose, asking wrong questions, acting in bad faith, neglecting to take into consideration relevant factors, acting unreasonably etc. requirements? Officers may often need to interact with mentally ill individuals as patients before they need to interact with them as clients in the sense of becoming involved in the criminal justice system when encountering these situations, is it best to move these individuals into the care of a hospital, or a jail? Prosecutors can choose not to prosecute a crime for which someone is arrested. This is because, to varying degrees, court personnel such as prosecutors, defense attorneys, and judges have discretionary powers. whether to issue a traffic ticket or other violation. Although a small minority might abuse this principle, most officials use it to create positive results for everyone. I leave that to your discretion. 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) . 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