Policing is similar to other care-based professions because of the level of care involved in this process. Washington, DC: National Coalition for Jail Reform. Palermo, G. B., Gumz, E. J., & Liska, F. J. 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. It would be virtually impossible for a police department to exist without using the privilege of discretion. 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. Creating specific procedures for officials to follow provides consistency for officers when they are on the job. Rosett, A. (LogOut/ "The police are typically the first contact that young victims and delinquents have with the juvenile justice system. ) or https:// means youve safely connected to the .gov website. You may use it as a guide or sample for The action you just performed triggered the security solution. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. The pervasiveness of arbitrariness and discrimination under post-Furman capital statutes. In today's society I have personally . 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. Officers can also make contact with individuals that they believe could be hiding something or have broken serious laws that require an intervention to keep others safe. 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. Psychiatry, Psychology, and Crime: Historical and Current Public Social Control and Neighborhood Crime, Race and Sentencing Research Advancements, Social and Intellectual Context of Criminology, The. Click to reveal 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. 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. Choose skilled expert on your subject and get original paper with free plagiarism Even though discretion can often be viewed as problematic when it doesnt receive enough oversight, most officials use their judgment in ways that work to preserve societal and family interests whenever possible. The advantage of discretion here allows an official to focus their energy on specific situations where the law gets broken in a reckless manner. This essay was written by a fellow student. (Fuller, J. R. Pg. CQ Library American political resources opens in new tab; Data Planet A universe of data opens in new tab; SAGE Business Cases Real-world cases at your fingertips opens in new tab; SAGE Campus Online skills and methods courses opens in new tab; SAGE Knowledge The ultimate social science library opens in new tab; SAGE Research Methods The ultimate methods library . Justice Quarterly 9.1: 4776. 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. requirements? Violating orders can lead to the use of excessive force. 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. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. 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. Constitutional provisions on the discretionary power of judges. He states that, due to the boundary spanning jobs that street level bureaucrats within the criminal justice system hold, there are constantly shifting expectations, environments, and clientele that these individuals must interact with and manage. Discretion should be used in moderation and to preserve order in society, not used in excessive amounts to threaten the laws purpose. LockA locked padlock * Fuller, J. R. (2008). Officer discretion is a vague locution which baffles and frustrates many citizens when it comes to the application of laws and keeping order. Discretionary power within the criminal justice system can be a rather powerful force for good. (1972). 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. Type your requirements and Ill connect you to 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. Discretion is available for offenders of all ages. 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. Federal, state and territory criminal legislation generally specifies offences with prescribed maximum penalties. When decisions that are made by officers do not yield the desired positive results, but are made in good faith, these decisions still fall under the umbrella of discretion. The chapter is particularly noteworthy for its discussion of the goals of the system, including justice, fairness, and crime control/prevention, and the changing nature of these goals. 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. Judicial discretion gives courts immense power which is exercised when legislature allows for it. As with adults, law enforcement serves as the gatekeeper to the justice system . Discretion is a fundamental principle in the Australian criminal justice system. Even if victims attempt to press charges during this situation, officials can decide whether or not to pursue pressing forward with legal intervention. For example the police come across two young girls in a park smoking marijuana. AN OvERvIEw "A public official has discretion whenever the effective limits of his For-Profit Private Prisons and the Criminal JusticeIndust General Opportunity Victimization Theories, Interpersonal Violence, Historical Patterns of, Intimate Partner Violence, Criminological Perspectives on, Intimate Partner Violence, Police Responses to, Local Institutions and Neighborhood Crime, Mapping and Spatial Analysis of Crime, The, Mediation and Dispute Resolution Programs, Performance Measurement and Accountability Systems, Persons with a Mental Illness, Police Encounters with. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense. Discretion can be used by police in the area of the criminal . 89), which highlights the complexity of the system and the process of selection by which ever fewer defendants proceed farther into the system. 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. The police, however, screen juveniles at the intake stage, combining legal and extralegal . The use of discretion in the criminal justice system can be a double-edged sword. "The police are typically the first contact that young victims and delinquents have with the juvenile justice system. Teplin, L. A. There are two paradigms of policing and police ethics: (1) the traditional crime fighter role and (2) the more recent public service or community policing role (Pollock, 2007). In addition, many decisions are heavily influenced by the internal values, goals, and purposes of the various units within the system. No one would argue that point. Another reason that discretion finds itself so intractable within the American criminal justice system is due to the increasing interconnected nature of the American criminal justice system and mental health treatment; in many ways, jails have become the de-facto mental health system for many Americans (Johnson, 1984; Snow & Briar, 1990; Palermo et al., 1992). This is highlighted in the work of Prottas (1978). To sum, I believe that discretion is a necessity in most areas of the criminal justice system: the street, the jails and prisons, the courtrooms and beyond. 1. The advantages and disadvantages of police discretion are numerous and virtually infinite, so these are the critical points to review. Prosecutors are the most powerful officials in the American criminal justice system. To begin this piece, Rosett quotes: If every policeman, every prosecutor, every court, and every post-sentence agency performed his or its responsibility in strict accordance with rules of law, precisely and narrowly laid down, the criminal law would be ordered but intolerable. 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, Severity and Legality in criminal justice. 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). For example, a young black male may have a criminal history that . Central to the criminal process is the exercise of by police officers, prosecutors, defence Courts, judges, and legal scholars often use the. In my opinion, depending on the severity of the crime discretion should or should not be used. It virtually eradicated criminal trials; today, roughly 95 percent of convictions come via plea. 4 : the result of separating or distinguishing. Judicial discretion plays a pivotal role in the sentencing process. It is prevalent within the courts, corrections, diversionary programs such as mental health organizations and jobs programs, the judiciary and beyond. The public service paradigm is predominant in Europe. He pulled over Samuel Dubose on July 19 because of a missing front license plate. New York, Henry Holt and Co. Johnson, J. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Also from SAGE Publishing. Police officers often act as a gatekeeper to the juvenile justice system in the developed world. submit it as your own as it will be considered plagiarism. It can lead to soft law enforcement mechanisms. Police discretion in the context of decision making is critical as police officers are given the legitimate authority to act as gatekeepers to the criminal justice system both for victims of crime and offenders. 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. 8. Prosecutorial Discretion. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Les Misrables. 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. They can decide to pursue less serious charges. I highly recommend him if you need an assignment done . 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. There are examples of discretion throughout the criminal justice system. Different departments can take advantage of this principle to determine how much time gets spent investigating a specific case. R. Pg 17. ) Abstract. Get original paper in 3 hours and nail the task. Police discretion allows law enforcement officials to utilize their skills and experience to determine an acceptable level of force against a suspect. us: [emailprotected]. The decisions they make, particularly . 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. An example of discretion is not talking about politics at family dinners. It also speaks to the trust that the public has in the individual officers determining the best manner to preserve their interests. It is useful as a tool to be proactive in jurisdictional issues, creating initiatives, or working with the average person on the street. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases. West Nyack, NY, USA: Cambridge University Press, 2004. p 11. Each of the decisions made in this area can have a significant impact on the safety of the public. Discretion refers to an official action that is taken by a criminal justice official i.e. In order to effectively process cases through the criminal justice system, discretion is an important tool for police, prosecutors, judges, and correctional officials. Direct supervision and control are a troublesome assignment for forefront directors who are looked with an expanded outstanding burden. Disparity in this framework takes on a different meaning, and refers instead to the fact that individuals with a given characteristic are over- (or under-) represented in the criminal justice system relative to their representation either in the population or in the commission of a type of crime. . 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. 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. 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. Retrieved from http://studymoose.com/discretion-in-the-criminal-justice-system-essay. 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 idea behind police discretion is that the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied. Removing the chronically mentally ill from jail. 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. 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. Registered address: Louki Akrita, 23 Bellapais Court, Flat/Office 46 1100, Nicosia, Cyprus 5. term discretion in this sense, referring simply to authority to decide, or. (1983). In the criminal justice system, discretion counts for a lot of things such as whether a judge excludes specific evidence from a trial. Again, we refer to our earlier example of a thief of bread and diapers. This is easy enough to see simply look to Les Misrables (Hugo, 1908) for the titular example. 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. What skills will I gain with this degree and will use in the criminal justice career field? Discretion, according to Rawls (1971), should not be used as a means of ensuring efficiency but rather as a way of applying a utilitarianism counterbalance to unjust laws within the justice system. The various decisions that different participants in the legal system are allowed to make shows what . 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. 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. Discretion plays an indispensable role in the criminal justice system (CJS). tact, tactfulness, diplomacy, delicacy, sensitivity, subtlety, consideration, prudence, judiciousness, judgement, discrimination, sense, good sense, common sense. Theft is an easy enough example for us to use; the classic example of a single mother, currently unemployed, stealing diapers and bread in order to care for her children is rather different than petty theft by a college student, from the same store (and even, perhaps, of the same items, given the pettiness), for no reason other than that they wanted to. Sentencing practices and the sentencing reform movement. In Research on sentencing: The search for reform. An incongruity inside law requirement exists in light of the fact that while a law implementation structure is not quite the same as the military, the police still have a semi military structure. We use cookies to give you the best experience possible. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. However, the judge or jury have discretion as to the final verdict and outcome. Lawyers in any sector of practice have substantial discretion in pursuing clients goals. To start, let us initially comprehend what discretion truly is. Is discretion by criminal justice practitioners a good thing? This allows individual circumstances to be considered. How rules, regulations, and the law are implemented is determined by the role perception of the implementers, their ideological orientation, and demographic characteristics. 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. 3. Prosecutors exercise unfettered discretion, deciding who to charge with a crime, what charges to file, when to drop the charges, whether or not to plea bargain, and how to allocate prosecutorial resources. Origins of the contemporary criminal justice paradigm: The American Bar Foundation survey, 19531969. Although police officers certainly engage in unethical behaviors, practitioners who work in the court also have the potential to act in an inappropriate or unscrupulous manner. Disparities can be the product of biases in the exercise of discretion by system actors, including police officers, prosecutors . (1984). This website is using a security service to protect itself from online attacks. Sandy has the discretion of either giving Bob a warning or giving Bob a ticket; the decision is up to Sandy. 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. 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. (Fuller, J. R. Pg 17. ) 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, Discretionary decision means a decision requiring the exercise of judgment, with or without deliberation, on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether , 2022 - 2023 Times Mojo - All Rights Reserved Some police officers see discretion as being a form of unlimited authority. From beginning of the 19th century to nowadays, Napoleon codified a . 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. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 1967. Who has the most discretion in the criminal justice system? A maximum penalty allows a court to determine an appropriate punishment in Poorly groomed suspects can expect less respectful treatment. Cambridge, MA: Harvard Univ. To additionally muddle matters, inside policing explicitly, sergeants have an expanded job in organization, which has restricted their capacity to give supervision in the city. Its major drawback is that such decisions are essentially unreviewable and have a significant potential for being arbitrary and capricious. Prottas, J. Any analysis that does not fully account for the legally mandated process (and factors) runs the risk of mistakenly labeling disparity as unwarranted when, in fact, it may be warranted according to the rules of the system. It works to reduce frivolous charges, constructively engages vulnerable population demographics, and seeks to find ways to supplement the rights of the average person instead of trying to take them away. As we talked about in class, the 3-strike rule is a fair method of deciding who should be held accountable. Performance & security by Cloudflare. 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. This principle allows an officer to pick and choose their enforcement opportunities. 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