Courts, judges, and legal scholars often use the. Change). J. Crim. Your current browser may not support copying via this button. 1992. 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. Students looking for free, top-notch essay and term paper samples on various topics. 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. Discretion means acting on one's personal authority and common sense. Discretion allows an officer to determine what charges to file against suspects. Creating specific procedures for officials to follow provides consistency for officers when they are on the job. That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied. Because of the definition of police discretion, these issues can get written off without a beneficial outcome. Walker, Samuel. 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. Members of society disproportionally receive the benefit of the doubt when a police officer exercises their discretion. The issue with this law enforcement principle is that an individual with wealth tends to receive more flexibility than someone living in poverty. In order to effectively process cases through the criminal justice system, discretion is an important tool for police, prosecutors, judges, and correctional officials. 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. The challenge of crime in a free society. While much of the discretion employed within the criminal justice system is at the hands of street level bureaucrats, which will be discussed below, it is certainly not the only area of the system in which one can witness its prolific use. Here, let us look to Bowers (1983). In the criminal justice system, where rules are so often touted, these exceptions are often of significant importance, and even if restricted, should never be wholly removed. Certain situations, such as someone struggling on a -10-degree night or an actively psychotic individual ranting at a childrens park are hopefully going to require very different responses from the officers handling the situation, with discretion being a central factor. "In the Criminal justice system the police, the prosecutors and corrections are afforded discretion with regard to enforcing and interpreting the law. 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. In the CJS, it is the authority given to a decision maker to decide between alternatives or no alternatives. State Dependence and Population Heterogeneity in Theories Technology and the Criminal Justice System, Terrorism, Criminological Explanations for, US War on Terrorism, Legal Perspectives on the. 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. 6. It is not unusual for an official to be performing their work alone, so situations can arise when this topic can come into play. The credibility and the lack of political biases in the articles are the key factors of . Although there should be a balance between holding officers accountable and supporting their decision-making processes, the allowance of this policy acknowledges the professionalism thats expected from local departments. Performance & security by Cloudflare. Police officers often act as a gatekeeper to the juvenile justice system in the developed world. Who has the most discretion in the criminal justice system? 90 South Bayles Avenue, Port Washington, NY 11050, United States. Just talk to our smart assistant Amy and she'll connect you with the best Washington, DC: Government Printing Office. Introduction. 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. have focussed on high rates of Aboriginal involvement in serious crime (2003, p. 65). Judicial discretion refers to a judges power to make a decision based on his or her individualized evaluation, guided by the principles of law. It is up to each person to decide on their own in a specific moment as to what to do or how to react to the situation developing in front of them. 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. (1984). Well occasionally send you promo and account related email. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Critics of the approach caution that such discretion often exacerbates racial disparities in the criminal justice system. Specific areas of concern can get addressed through administrative rulemaking. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. Albany: State Univ. It is a disadvantage that is known as the power model, leading to inequities in enforcement for different demographics. maintaining an ethical lifestyle outside of work. It ended with Dubose being . The advantage of discretion here allows an official to focus their energy on specific situations where the law gets broken in a reckless manner. When police officers perform their official duties, then there is a particular level of discretion they must use when interacting with the public. Laborers have two choices in each situation. Prosecutors are the most powerful officials in the American criminal justice system. Retrieved from https://graduateway.com/discretion-in-the-criminal-justice-system/, Give examples of how discretion permeates every phase of the criminal justice system, Paper on the Internal and External Mechanisms That Control Police Discretion, Pros And Cons Of Criminal Profiling Criminal Cases Criminology. 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. For example, a traffic violation, the police officer may simply issue a warning. 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. You can use them to display text, links, images, HTML, or a combination of these. Ohlin, Lloyd E., and Frank J. Remington. The investigation process relies heavily on discretion. 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 often act as a gatekeeper to the juvenile justice system in the developed world. Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances . 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. and then Add to Home Screen. Choosing to engage will place anyone in the way at a greater risk of harm since the suspect and officers may go through intersections or drive in unauthorized areas. The initial stage in which discretion is applied in the system of criminal justice is where police officers make a decision on whether a suspect should be arrested for a particular offense or not. Justice Quarterly 9.1: 4776. This makes discretion an important and inevitable part of modern policing. Disparities can be the product of biases in the exercise of discretion by system actors, including police officers, prosecutors . Shifting the amount of discretion within our justice system could be for better or worse, but why fix something thats not broken? That means fewer kids get charged with a crime because of this principle. New York: Russel Sage. Retrieved from http://studymoose.com/discretion-in-the-criminal-justice-system-essay. This occurs because the organizational structure of the criminal justice system is bureaucratic. 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. An example of discretion is the ability of a juror to determine a verdict. 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. A simple example of discretion is whether you excuse yourself and say, Ill be back in a few minutes, or announce, I need to go to the bathroom. The discretion limit as to the reduction of inappropriate discretion comes for more serious crimes. New York, New York: Prentice Hall, 1st edition. Officers would be required to operate like a mechanical instrument, following standardized practices whenever a potential incident occurs. For example, Weatherburn, et al. to help you write a unique paper. Discretionary judgment affects only choices about which strategy most effectively serves the clients goals of acquittal or minimal punishment. What is the structural formula of ethyl p Nitrobenzoate? 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. It is for this reason that the population demographic who is most likely to go to jail or prison is a young, unemployed male or an African-American in the United States. Racial disparity is further decomposed into two types: warranted or unwarranted. In these situations, discretion often provides the best outcome both for the individuals on the receiving end of the discretion, as well as the individual dispensing it. Multi-disciplinary Studies in Law and Jurisprudence, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. That means each officer has the flexibility to handle a situation in the manner that they feel best meets the needs of the individual and their overall community. The use of discretion in the criminal justice system can be a double-edged sword. Presidents Commission on Law Enforcement and Administration of Justice and Nicholas de B. Katzenbach. Their decision-making can also lead to situations where there is a higher risk of harm to a civilian. Urban Affairs Quarterly, 13(3), 285-312. While using prudence, the individuals who work in the criminal equity framework regularly result in the casual equity process. 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. 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. Press. The barring of excessive force can make some individuals believe that officers must work with them in ways that are gentle, soft, and smooth. Please subscribe or login. Greater understanding of the role of discretion, its achievements, and shortcomings will permit better regulation of it. Direct supervision and control are a troublesome assignment for forefront directors who are looked with an expanded outstanding burden. 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 . I leave that to your discretion. Our American system of justice has evolved from the English common law into a complex series of procedures and decisions. Indigenous Australians are being unfairly sentenced for their crimes because of the racist and prejudicial views held by some members of the judicial system, research led by the University of . 1977. Two examples of discretionary decision making within the system and discuss the advantages and disadvantages that discretion plays in the Canadian criminal justice system. (Fuller, J. R. Pg. Collateral Consequences of Felony Conviction and Imprisonm Commercial Sexual Exploitation of Children, Communicating Scientific Findings in the Courtroom, CompStat Models of Police Performance Management, Crime Prevention, Voluntary Organizations and, Criminal Justice System, Discretion in the. An official website of the United States government, Department of Justice. Prosecutorial discretion is one of the most important aspects of our criminal justice system. Cross-Sectional Research Designs in Criminology and Crimin Cybercrime Investigations and Prosecutions, Defining "Success" in Corrections and Reentry, Developmental and Life-Course Criminology, Electronically Monitored Home Confinement. 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. L. 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. (2018, Sep 23). Pg. us: [emailprotected]. Les Misrables. The recommen-dations in this paper are addressed to four areas in the system: (1) police law enforcement; (2) the prosecutor; (3) jury selection; and (4) sen-tencing. But it also raises the specter of too much deference to the rules, especially in cases where the rules themselves have the potential to create disparity, as in the case of federal rules that call for tougher sanctions for dealing in crack cocaine rather than powder cocaine. 5. To install StudyMoose App tap As we talked about in class, the 3-strike rule is a fair method of deciding who should be held accountable. whether to issue a traffic ticket or other violation. By continuing well For example the police come across two young girls in a park smoking marijuana. For most police officers, preserving life is the best-case scenario. However, the judge or jury have discretion as to the final verdict and outcome. In addition, many decisions are heavily influenced by the internal values, goals, and purposes of the various units within the system. (1983). 5. This website is using a security service to protect itself from online attacks. Origins of the contemporary criminal justice paradigm: The American Bar Foundation survey, 19531969. In Bowers 1983 article, he provides a different picture of discretion. 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). 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. On the job NY 11050, United States equity framework regularly result in the developed world of the contemporary justice! On one & # x27 ; s personal authority and common sense flexibility than someone living in.! Occurs because the organizational structure of the doubt when a police officer exercises their discretion about which strategy effectively... When a police officer exercises their discretion, Port Washington, NY 11050, United.! 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