Discretion
Discretion refers to the power exercised by public officials to make decisions regarding the enforcement of laws, allowing for flexibility and judgment based on specific circumstances. It plays a crucial role across various sectors of the criminal justice system, including policing, prosecution, and judicial sentencing. For instance, police officers have the discretion to determine whether to arrest individuals for offenses like public drunkenness, often considering the situation's context rather than strictly adhering to the law. In the courtroom, prosecutorial discretion involves choices about whether to pursue charges and how to conduct trials, while judges evaluate multiple factors, such as an offender's history, when deciding on sentences.
However, discretion is a contentious issue, particularly in judicial settings, where critics argue that it can lead to inconsistencies and bias in sentencing. Efforts to address these concerns have included reforms like mandatory sentencing laws, which aim to limit the extent of judicial discretion. Despite these measures, discretion remains a dynamic element of the justice system, extending even into corrections, where officers decide on parole eligibility. Overall, discretion is integral to the application of laws, reflecting a balance between legal guidelines and individual circumstances.
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Discretion
SIGNIFICANCE: Public officials may employ conscience and good sense, not only the letter of the law, in the reasonable exercise of power; however, discretion, particularly judicial discretion, has many critics.
Discretion is the ability of a public official to decide whether and how a law will be enforced. It allows a range of judgments to be made to fit particular circumstances while still maintaining the spirit of the law. Discretion exists in many areas of the criminal justice system, from the actions of the police to the sentencing of a criminal by a judge. Discretion is therefore a very important aspect of the system, and it is one reason that the law as written often differs from the law in practice. Regarding police actions, for example, a law may prohibit all incidents of public drunkenness, but police officers may arrest only certain violators of the law who are particularly disorderly or appear disheveled. Officers always have the power to decide whether or not to arrest a person at the scene of a disturbance or suspected crime. In addition, administrative discretion exists within the police department: The administration decides where and how to deploy what numbers of officers, and particularly in the case of large-scale disturbances, how much force officers should be instructed to use.
Various aspects of discretion in the courts apply to the prosecution, defense, and judge. Prosecutorial discretion comprises deciding whether to prosecute, what charges to bring, the method of conducting the trial, and the type of sentence requested. In defense of a matter, discretion permits counsel to choose to present a case under one of several equal provisions of the law. The discretion of the judge at the time of sentencing has been the most criticized aspect of discretion in the system. The judge typically weighs a number of factors, such as the convicted person’s criminal history and character, in deciding how severe a sentence to pass within the guidelines of the law. A first-time offender may receive a suspended sentence or probation, while a person with many past convictions may receive the maximum sentence allowable. Reforms such as strict sentencing guidelines and mandatory sentencing laws (including “three-strikes” laws) have attempted to reduce the allowable amount of judicial discretion. Discretion exists even after sentencing, in the corrections system. For example, corrections officers have discretion in determining who will be eligible for parole and when.
Bibliography
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