Why Is Discretion Important In The Criminal Justice System

Answered Jun 29 2016 by Angela. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. 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. Discretion is also important in that it allows judges to take certain policy imperatives into consideration. Either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns or it serves as the means by which internal social norms of the criminal justice system prevent the implementation of formal changes in laws. Similar to Reflection 1 be sure to briefly state the opposing point of view and then why your opinion is more accurate. The application of discretion is evident throughout the criminal justice field.

This is especially important when we add in our goals and outcomes for the criminal justice system.

Inevitably the police must use some discretion in carrying out their job. The discretion of police and judges is of paramount importance but in reality discretion is used from the planning of the crime by the offender reporting the crime by victims and witnesses to police investigation the DPP role in taking the case to court charge negotiation and judicial discretion. Studies in this literature generally hypothesize that discretion plays one of two roles. This is especially important when we add in our goals and outcomes for the criminal justice system. Please discuss and list your references Discretion is important in the criminal justice process because it helps to balance values not only in the criminal justice process but in any type of work. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity.

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Why is discretion important in the criminal justice system. Prosecutors must not only be willing to replicate the Prosecution and Racial Justice Program they must be willing to change their practices and policies in ways that will have a real impact. Excessive discretion runs counter to criminal justice goals. Discretion in the criminal justice system also continues in post sentencing decisions to the extent of.

Why is it important for people involved in the criminal justice system to exercise discretion while performing their jobs. Either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns or it serves as the means by which internal social norms of the criminal justice system prevent the implementation of formal changes in laws. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination.

In the Criminal justice system the police the prosecutors and corrections are afforded discretion with regard to enforcing and interpreting the law. Discretion is also important in that it allows judges to take certain policy imperatives into consideration. Please discuss and list your references Discretion is important in the criminal justice process because it helps to balance values not only in the criminal justice process but in any type of work.

Criminals arent being arrested when they should police are using deadly force when it may not have been needed prosecutors have too much leeway when it comes to which cases they prosecute judges are given lots of room when it comes to bail and sentencing and. In some cases for example it may be necessary for the. The criminal justice system is designed to deliver justice for all This means protecting the innocent convicting criminals and providing a fair justice process to help keep order across the country.

They can offer plea bargains including reduced or deferred sentences. Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges.

Do you think more or less discretion is needed within the criminal justice system specifically policing and courts but can also include corrections. The reason for such wide use of discretion is that it allows persons most familiar with the problem to better address the problem. Why is the Criminal Justice System Important.

Discretion begins with a patrol officers decision whether to pursue stop or question an individual. Why is discretion important in the criminal process.

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Additionally be sure to use outside sources.

Discretion is more formally defined as the authority to make a decision between two or more choices Pollock 2014 p. The reason for such wide use of discretion is that it allows persons most familiar with the problem to better address the problem. Challenges in claiming rights and enforcing contracts in court proceedings can create an atmosphere of legal uncertainty and ultimately deter business entrepreneurial spirit and investment. Our goal is to have a system that has ethical rules for conduct duty and also has ethical outcomes. Discretion in its simplest terms is when one makes an informed choice between more than two options. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination. Because discretion can enable participants in the criminal justice system to nullify legitimately adopted sentencing laws and to impose inequitable sen-tences based on irrelevant characteristics of defendants and crimes both poli-cymakers and scholars have been concerned about its effects on. Prosecutors can choose not to prosecute a crime for which someone is arrested. However individuals in the criminal justice system can have an impact on the problem.

They can decide to pursue less serious charges. Discretion exists at every level of the criminal justice system. What will be an ideal response. Controlling Discretion in the Criminal Justice System Discretion in the criminal justice system is becoming a rising problem. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. 39 American prosecutors enjoy wide unfettered discretion that enables them to exert more power and control in the criminal process than any other criminal justice official. Prosecutors are particularly suited to help eliminate racial disparities because of their power and discretion.