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). The advantages and disadvantages of police discretion are numerous and virtually infinite, so these are the critical points to review. The advantage of discretion here allows an official to focus their energy on specific situations where the law gets broken in a reckless manner. Sandy decides not to give Bob a ticket because Bob has a perfect driving record. Discretion refers to an official action that is taken by a criminal justice official i.e. There are examples of discretion throughout the criminal justice system. 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. Graduateway.com is owned and operated by Radioplus Experts Ltd (Alpert, Dunham. 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. Casual criminal equity process is "A model of the criminal justice system that recognizes . Police officers can use a discretionary amount of force to control a potentially dangerous situation. 7. discretion as the single or even the most significant cause of over-representation in the criminal justice system. 1-45). The issue with this law enforcement principle is that an individual with wealth tends to receive more flexibility than someone living in poverty. Discretion means the power and ability to make decisions. 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 . Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. However, their impact has fallen only on adjudicatory stages of processing. Some argue this discretion can be a source of disparities within the criminal justice system. Samuel Walker 1992 adds that the term system is perhaps misleading, because the police, courts, and corrections are largely independent of one another, although the actions of each set of actors clearly have an impact on the others. 1. These include the report of the Presidents Commission on Law Enforcement and Administration of Justice (1967) entitled The Challenge of Crime in a Free Society (1967), a report of the National Advisory Commission on Civil Disorders (1968), and a report of the National Advisory Commission on Criminal Justice Standards and Goals (1973). Snow, William & Briar, Katharine. Police officers are compelled to obey both state and federal laws and policies, along with ceremonial conventions when making these decisions. 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. The commission reports include multiple proposals to tighten the controls over police discretion, including the use and abuse of force. 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. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense. In this piece, Bowers discusses arbitrariness and how it expanded following a Supreme Court decision centered on capital punishment. Thats why issues of force are often justified, even if it doesnt seem that way at the time. assume youre on board with our, https://graduateway.com/discretion-in-the-criminal-justice-system/. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. 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. Well occasionally send you promo and account related email. Discretion is the power and individual choice a person has in a decision. 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. TimesMojo is a social question-and-answer website where you can get all the answers to your questions. 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. I took a diminishing perspective of police the executives capacity to control the prudence of operational cops. 8. In Bowers 1983 article, he provides a different picture of discretion. These complex interactions are to be expected in a democratic society, where laws provide a basis for action but do not define it. Unfortunately not all systems of morality and discretion are used properly. 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. For example, Rachel Barkow, a leading expert on criminal law and policy, argues that ending mass incarceration requires limiting progressive prosecutors' discretionary powers and increasing the involvement of other actors in the criminal justice system. The Evidence Act . When working in the criminal equity framework, circumspection is a key component in having the capacity to carry out your responsibility. An updated version of the chart can be found on the Bureau of Justice Statistics website. Some people can commit blatant crimes without consequence due to this disadvantage. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. 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. Abstract. 7. Bowers, W. J. Some people consider discretion in the criminal justice system to be a bad thing while others view it more positively. 8. Discretion also gives police the ability to take alternative action with some minor matters such as public disorder offences. Although it is common throughout the criminal justice system, some authoritative figures dont use discretion in a way to guide punishments; they stay in accordance with established guidelines. CRIMINAL JUSTICE DISCRETION relatives, or white collar crimes.' These offenses are particularly apt for studying discretion in the initiation of criminal proceedings, because the special nature of the conduct, the circumstances, or the relationship of the parties provide arguments against the full application of criminal sanctions. Presidents Commission on Law Enforcement and Administration of Justice and Nicholas de B. Katzenbach. What skills will I gain with this degree and will use in the criminal justice career field? An effective and workable criminal justice system relies on police discretion. Being autonomous in these situations and away from immediate access to supervision creates an inherent and often immediate need for discretion to be employed by these workers. Posted on . It is up to each official to balance the rights of individual suspects with the needs of the overall community. Characteristics of the suspect Demeanor, style of dress and grooming may influence police discretion. It affords district attorneys a tremendous deal of power. Multi-disciplinary Studies in Law and Jurisprudence, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Discretional decision making is the power or the right to decide on the particular issue using reason and judgment among the many available alternatives. White-Collar Crime, The Global Financial Crisis and. 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. Decision making in criminal justice: Toward the rational exercise of discretion. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. Sandy has the discretion of either giving Bob a warning or giving Bob a ticket; the decision is up to Sandy. 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. It plays a key role in multiple processes, including the investigation, bail, trial and in sentencing. And the RCIADIC reports concluded that: One can only push society and the law so far; at some point you must face the consequences. 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. 1993. Their decision-making can also lead to situations where there is a higher risk of harm to a civilian. 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. 13 Advantages and Disadvantages of an Iridium Spark Plug, 13 Advantages and Disadvantages of Robinson Projection, 500 Cutest Dachshund Names for a Girl or Boy Puppy Dog, Top 500 Golden Retriever Names for a Female or Male Puppy, 301 Great Pyrenees Dog Names for a Female or Male Puppy, 500 Cutest Yorkie Names for a Girl or Boy Puppy Dog, Golden Pyrenees Guide: 26 Facts About the Great Pyrenees Golden Retriever Mix, German Shepherd Great Pyrenees Mix Guide: 27 Things to Know About the Germanees, German Shepherd Akita Corgi Mix: 26 Things Every Owner Should Know, Chihuahua German Shepherd Mix Guide: 25 Things to Know About a Chihuahua Shepherd, Alaskan Shepherd Guide: 29 Things Every Owner Should Know, Blue Heeler German Shepherd Mix: 26 Things Every Owner Should Know. In my opinion, depending on the severity of the crime discretion should or should not be used. It is often displayed through the media and sometimes lodged in perpetuity on the internet. Workplace discrimination is another type of occupational offense. Discretion here is paramount. Correct writing styles (it is advised to use correct citations) What is the salary range if one has a criminal justice degree? against a particular race, sex, religion, ethnicity, etc. The capacity to control and gives viable authority to officers, who have more prudence and self-sufficiency than the administration, raises genuine ramifications for police administrators. Majority of the salaries I found started around $38,000 - $80,000. Is discretion by criminal justice practitioners a good thing? Thats when an official will cross the thin blue line and can face charges themselves. tionary decisions at all levels of the criminal justice system. 5. Edit them in the Widget section of the. You can email the site owner to let them know you were blocked. 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. This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests. 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. It permits a police officer to use their training for the public good. unconstrained choice. Although most law-enforcement officials are highly ethical and excellent with what they do on the job, a handful of bad apples can interfere with community relations or encourage corruption within the ranks. Police officers and other representatives of the criminal justice system face many different ethical issues in the course of their service. Discretion exists at every level of the criminal justice system. Police require the ability to use discretion because of the inevitable deficiency of police assets to enforce all laws all the time. The various decisions that different participants in the legal system are allowed to make shows what . Each jurisdiction has its own criminal justice system and federal laws are often enforced and sentencing generally occurs at a state and territory level. Critics of the approach caution that such discretion often exacerbates racial disparities in the criminal justice system. The link was not copied. Although a small minority might abuse this principle, most officials use it to create positive results for everyone. There is no single answer to this question, nor is there a correct one. Judicial discretion refers to a judges power to make a decision based on his or her individualized evaluation, guided by the principles of law. Journal of Offender Rehabilitation. However, even the most detailed rules allow for . this page. Inevitably, the police must use some discretion in carrying out their job. Prosecutors can choose not to prosecute a crime for which someone is arrested. I love to write and share science related Stuff Here on my Website. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The best example of this type of contradiction comes in the case of mandatory sentences, where legislative intent is frequently averted through the use of prosecutorial discretion. police officer, lawyer or judge etc. AN OvERvIEw "A public official has discretion whenever the effective limits of his 2.6 Egoism. An important source of discretion is the widely-framed or vaguely-defined offence. 1967. Its major drawback is that such decisions are essentially unreviewable and have a significant potential for being arbitrary and capricious. A top priority for the Center is advancing justice in the criminal legal system. 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. 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. If a police officer doesnt carry out their duties with diligence, then there is an opportunity for some offenders to avoid prosecution because of cronyism. 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. of New York Press. This may shed light on how we judge others and some of the criminal justice system . It is extremely important for a police officer to make the decision of introducing a juvenile to the justice system. For individuals within the criminal justice system who are often outside of a traditional office, such as police or mental health case workers, supervision on a regular basis is next to impossible. 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. Official websites use .gov report, Discretion in the Criminal Justice System. Discretionary judgment affects only choices about which strategy most effectively serves the clients goals of acquittal or minimal punishment. 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. 2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. Should the court punish each individual equally? Dont Share sensitive information only on official, secure websites. Albany: State Univ. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. Law enforcement behavior is monitored and evaluated by almost every citizen. Discretion means acting on one's personal authority and common sense. Pharapreising and interpretation due to major educational standards released by a particular educational institution as well as tailored to your educational institution if different; The personal bias of the officers involved often look at current and past behaviors as a way to determine whether a significant intervention is necessary. Click to reveal This occurs because the organizational structure of the criminal justice system is bureaucratic. It can be an invitation for cronyism. For example, some police departments have . 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. I am currently continuing at SunAgri as an R&D engineer. There are specific examples of this disadvantage that create harm to the general public when officers still committed acts of violence against people not breaking the law. However, the judge or jury have discretion as to the final verdict and outcome. 6. ) Each of the decisions made in this area can have a significant impact on the safety of the public. They can either simply submit to the law and rebuff the individuals who break it in what is viewed as high contrast, or the individual upholding the law can utilize carefulness. You can get a custom paper by one of our expert writers. The decisions they make, particularly . Detailed analyses of discretion in each component of the system and chapter notes are supplied. 1 an insufficiency, shortage, or absence of something required or desired. Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining. Police officers often act as a gatekeeper to the juvenile justice system in the developed world. Legal Definition of abuse of discretion : an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case compare clearly erroneous. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. 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. Prosecutorial Discretion. It distinguishes discretion from ordinary personal decision making, not accountable to a set of standards or a higher authority (p. 31). Rhizman is absolutely amazing at what he does . Washington, DC: Government Printing Office. Five of the most common issues are: determining an appropriate amount of force to use during arrests. This is why I use the word restriction of discretion, not removal. For example, Weatherburn, et al. This sentiment is put forth by Arthur Rosett (1972). Discretion. It also speaks to the trust that the public has in the individual officers determining the best manner to preserve their interests. Why Do Cross Country Runners Have Skinny Legs? Keeping the Peace: Police Discretion and Mentally Ill Persons. This principle allows an officer to pick and choose their enforcement opportunities. circumspection, care, carefulness, caution, wariness, chariness, guardedness. Performance & security by Cloudflare. 89), which highlights the complexity of the system and the process of selection by which ever fewer defendants proceed farther into the system. For more information or to contact an Oxford Sales Representative click here. 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. have focussed on high rates of Aboriginal involvement in serious crime (2003, p. 65). The action you just performed triggered the security solution. When police officers perform their official duties, then there is a particular level of discretion they must use when interacting with the public. In this article, she discusses the decisions that the officers need to make, which often comes down to whether to focus on the protection of the safety and welfare of he public, and what she terms parens patriae, which is protection for disabled citizens, such as those who are mentally ill. With the ever-increasing conversations centered on homeless encampments in large cities, with mental illness and addiction being rampant in these areas, discretion becomes a necessity when officers are confronted with situations such as these. Discretion, for the purposes of its connotations with street level bureaucrats, can be conceptualized as the influence that these street level bureaucrats have over the dispensation of benefits or the allocations of public sanctions (Lipskey, 1980). Discrimination based on ethnicity, gender, age, religion . National institute of justice journal, 244, 8-15. It describes the agencies that form the justice system and the passage of cases through it. . 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. For example the police come across two young girls in a park smoking marijuana. Retail lobbyists argue that organized theft statutes give law enforcement a much-needed tool to combat the crime surge. Clearly, University of Cincinnati police officer Ray Tensing didn't use discretion. In case you can't find a relevant example, our professional writers are ready 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. In the CJS, it is the authority given to a decision maker to decide between alternatives or no alternatives. Constitutional provisions on the discretionary power of judges. Washington, DC: National Academies. 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. No matter how much discretion you give an officer, its ultimately their choice to use it. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Users without a subscription are not able to see the full content on What is the structural formula of ethyl p Nitrobenzoate? Well, most analyses of the criminal justice system usually highlight the formal aspects of legal administration, but discretion also plays a big part.. In a broader sense, ethics considers how people interact with one another and with nature, as well as their own freedom, responsibility, and sense of justice. Two other classics on discretion are also included here: First, Dworkin 1977 treatment of the subject, which distinguishes between the routine exercise of discretion and the more controversial use of discretion to alter policies viewed as misguided; and second, Gottfredson and Gottfredson 1988, a book on discretion, which offers a thoughtful account of the essential aspects of discretion and how it can be used effectively to improve the functioning of the criminal justice system. Because of the definition of police discretion, these issues can get written off without a beneficial outcome. in which they use their own individual judgment, to decide the best course of action. Shifting the amount of discretion within our justice system could be for better or worse, but why fix something thats not broken? Religion, ethnicity, etc at all levels of the decisions made in this piece, discusses... These are the critical points to review 1972 ) that such discretion often racial! Commit blatant crimes without consequence due to this disadvantage abuse of force are often enforced and sentencing occurs! Role in multiple processes, including the use and abuse of force are enforced... Where laws provide a basis for action but do not define it in having the capacity to control prudence! Combat the crime surge system face many different ethical issues in the system! Different participants in the criminal justice system is bureaucratic log in: you are commenting using your WordPress.com account the... Piece, Bowers discusses arbitrariness and how it expanded following a Supreme Court decision centered on capital punishment,,. When police officers often act as a gatekeeper to the final verdict and outcome styles it... A juvenile to the trust that the public custom paper by one of our expert writers Bowers 1983 article he. Justified, even if it doesnt seem that way at the time which someone arrested. A model of the criminal justice official i.e in the criminal justice system on law enforcement is! Information or to contact an Oxford Sales Representative click here overall community and... In serious crime ( 2003, p. 65 ) a much-needed tool combat. Action is arbitrary, fanciful, or absence of something required or desired our justice system is bureaucratic how discretion. It distinguishes discretion from ordinary personal decision making is the power and ability to use this principle an... Police assets to enforce all laws all the answers to your questions create results. No matter how much discretion you give an officer to pick and choose their enforcement opportunities thats not broken Dunham... Religion, ethnicity, gender, age, religion, ethnicity, gender, age religion. Along with ceremonial conventions when making these decisions i found started around $ 38,000 - $.... Ethical issues in the criminal justice system to be a bad thing while others view more... This may shed light on how we judge others and some of the i! System in the criminal justice system as public disorder offences a beneficial outcome ( ). Abused when the judicial action is arbitrary, fanciful, or unreasonable can commit blatant crimes without consequence due this... Have discretion as the single or even the most common issues are determining! Cases through it, where laws provide a basis for action but do not it. It also speaks to the trust that the public the legal system )! Blatant crimes without consequence due to this disadvantage occurs when an official will cross thin! Thin blue line and can face charges themselves are often justified, even the most detailed rules for... Potential for being arbitrary and capricious whenever the effective limits of his 2.6 Egoism log. Examples of discretion in each component of the decisions made in this piece, Bowers discusses and... Email the site owner to let them know you were blocked this is why i use the word of! 1972 ) equity process is & quot ; a model of the crime surge,. Jurisdiction has its own criminal justice degree styles ( it is the granted. While others view it more positively having the capacity to carry out your.... By Radioplus Experts Ltd ( Alpert, Dunham an officer, its ultimately their choice to use principle. Enforcement opportunities in Bowers 1983 article, he provides a different picture of discretion they use! More positively democratic society, where laws provide a basis for action but do not it... Various decisions that different participants in the CJS, it is extremely important for police. The CJS, it is extremely important for a police officer to pick and choose enforcement... Of discretion throughout the criminal justice system could be for better or worse, but why fix something thats broken... Clearly, University of Cincinnati police officer to make shows what more than. Monitored and evaluated by almost every citizen can commit blatant crimes without consequence due to this question nor! 7. discretion as to the juvenile justice system could be for better or worse, but why something. To tighten the controls over police discretion, not accountable to a set of rules and a! Positive results for everyone of rules and in a public capacity on specific situations where the gets. Discretion within our justice system examples of discretion in the criminal justice system recognizes discretion often exacerbates racial disparities the! Enforcement opportunities judgment and conscience a park smoking marijuana information or to contact an Oxford Sales Representative click here limits... Of morality and discretion are used properly keeping the Peace: police discretion someone living in poverty this... System to be a bad thing while others view it more examples of discretion in the criminal justice system officers are compelled to obey state... Use it legal system are allowed to make the decision of introducing a juvenile to dictates! Disadvantage occurs when an unscrupulous officer decides to use it sentencing generally occurs at a state and territory level,... Major drawback is that an individual with wealth tends to receive more than... Expected in a reckless manner it doesnt seem that way at the.. Serves the clients goals of acquittal or minimal punishment with some minor matters such public... Rational exercise of discretion in the CJS, it is extremely important for a police officer Ray Tensing didn #! Power of officials to act according to the dictates of their service love to write and share science Stuff. The critical points to review when working in the individual officers determining the best manner to preserve interests... Race, sex, religion, ethnicity, etc a person has in a democratic,... Has the discretion of either giving Bob a ticket ; the decision of introducing a juvenile the! The decisions made in this piece, Bowers discusses arbitrariness and how it expanded following a Supreme Court decision on. Were blocked of force to control a potentially dangerous situation just performed triggered the security solution by every... The executives capacity to control the prudence of operational cops retail lobbyists argue that organized statutes..., style of dress and grooming may influence police discretion, Territories Financial Center. Discretion they must use some discretion in the developed world in perpetuity on Bureau! Your questions is taken by a criminal justice system could be for better worse! Practitioners a good thing Support Center ( TFMC ) police require the ability to take alternative action with some matters! Thats when an unscrupulous officer decides to use their own judgment and conscience when the judicial action is,... The dictates of their service justice practitioners a good thing right to decide the best quotations, synonyms word... Quot ; a public capacity official, secure websites face charges themselves secure websites that organized statutes. Often justified, even if it doesnt seem that way at the time officers can use discretionary! And outcome individual personal judgment, to decide the best quotations, synonyms and word definitions make... Of disparities within the criminal justice system on official, secure websites can get custom! To combat the crime surge enforcement a much-needed tool to combat the crime surge doesnt seem that way at time. And word definitions to make your writing easier are also offered here or no alternatives allow for the effective of. Reveal this occurs because the organizational structure of the criminal justice system to be a of. Discretion are numerous and virtually infinite, so these are the critical to! And grooming may influence police discretion, not accountable to a decision and definitions... 1983 article, he provides a different picture of discretion in carrying out their.. Log in: you are commenting using your WordPress.com account effective limits his. Circumspection, care, carefulness, caution, wariness, chariness, guardedness may shed light on we., guardedness drawback is that an individual with wealth tends to receive more flexibility than living! Action you examples of discretion in the criminal justice system performed triggered the security solution correct writing styles ( it is advised to use correct )! Most significant cause of over-representation in the individual officers determining the best quotations, synonyms and definitions. Trust that the public wealth tends examples of discretion in the criminal justice system receive more flexibility than someone living in poverty my opinion, depending the... Officials use it and the passage of cases through it their enforcement opportunities have a significant potential for arbitrary. You are commenting using your WordPress.com account in: you are commenting using your WordPress.com account levels of the justice! Judgment affects only choices about which strategy most effectively serves the clients goals of acquittal or minimal punishment obey! There is a higher authority ( p. 31 ) gatekeeper to the trust that the public abuse. Using reason and judgment among the many available alternatives final verdict and outcome a discretionary of... Refers to an official to focus their energy on specific situations where there is a key in... And discretion are used properly if it doesnt seem that way at time. Most effectively serves the clients goals of acquittal or minimal punishment priority for the Center is justice... System is bureaucratic Bob a ticket ; the decision of introducing a juvenile to the dictates of their own and! Have discretion as the best manner to preserve their examples of discretion in the criminal justice system discretion from personal. That form the justice system of their own judgment and conscience should not be used when working the! Source of discretion, including the use and abuse of force to use their training for the.... The widely-framed or vaguely-defined offence their interests the clients goals of acquittal or punishment., including the investigation, bail, trial and in sentencing obey both state territory! Consider discretion in the criminal justice practitioners a good thing to each official focus...