it prevents rigid implementation of criminal law. For instance, a person arrested for driving on a suspended license, may not have their vehicle subjected to a search. Discretion is defined as the power or right to decide or act according to one’s own judgment. The Role of Discretion in the Criminal Justice System 257 discretion can enable judges, prosecutors, defense attorneys, and/or juries to implement sentencing policies in line with their own views, even if these policies conflict with formal law. His ideas were considered progressive in his time. For instance, possession of oxycodone is a felony in the State of Florida, yet a prosecutor may change the charge to possession of a prescription medication without a prescription, a misdemeanor. (1960) 35:925, 926. Serving as an "interim report" on what does and does not work in the system, Taming the System concludes that not only has the effort to control discretion been a unifying theme in criminal justice history, but that there have actually been some successes, resulting … For instance, unclear laws, nuisance behavior, ambiguity in state statutes, moral standards, and outdated laws may cause an officer to have an alternate resolution to the problem. In fact discretion can be found in all stages of the criminal justice system. Beccaria believed torture would subject potentially weak suspects to incriminate themselves before they could be brought before a court of law. Substantive law dictates that a driver must come to a complete stop at a red light, while procedural law dictates that an officer has probable cause to now conduct a traffic stop. A crime is classified as an act that violates the federal laws of America. Substantive law defines the legal pertinence between two parties such as person vs. person or person vs. state. 1 Discretion is exercised throughout the government. Each of their theories resonate is current criminological studies and many of their thoughts can be compared to current issues. Within the highest levels in the chain of command, the police discretion is used for example in deciding to target certain areas of crime with the use of initiatives or policies, possibly through the … Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. However, the punishment exercised on criminals cannot vary from the standards established by the United States. The responsibility He firmly believed criminals control their own behavior and that punishment is necessary as a deterrent. Within the criminal justice system, the word discretion is most often used to refer to the authority and power to make decisions while drawing upon one’s own experience without immediate oversight but within the confines of the law and organizational/agency regulations. Throughout the criminal process discretion is evident, from the police to the regulatory agencies right through to the Crown Prosecution Service. Therefore, many cases may be issued a nolle prosequi, or downgraded to a lesser charge. ensure the proper exercise of police discretion. Basically, they must decide -. The debate, however, surrounds the relative limits to this discretion. Corrections is or situations in accordance with an official's or an official agency's own Discretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. The application of discretion is evident throughout the criminal justice field. Utilities, railroads, and highways formed our nation and were a direct result of the affirmation of the Fifth Amendment and eminent domain. Discretion is defined as the power or right to decide or act according to one’s own judgment. The Words are not perfect as numbers; they can often be interpreted to have more than one meaning. “The police are typically the first contact that young victims and delinquents have with the juvenile justice system. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Prior to the adoption of the Fourteenth Amendment, the Bill of Rights Amendments were interpreted as restricting the authority of the national government. Beccaria stated, “Laws are the conditions under which independent and isolated men unite to form a society.” He believed criminals should be punished based on the amount of injury they cause, not their criminal intent. Prosecutorial Discretion As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. is often delegated to professionals. 1 Roscoe Pound, "Discretion, dispensation and mitigation: The Born from the Classical School of criminological though was Italian Cesare Beccaria who first published his Essay on Crimes and Punishment in 1764. VAT Registration No: 842417633. He opposed the death penalty in most instances and condemned the torture of suspects. decisions. primarily a function of State governments. In recent news, the Arizona Senate Bill 1070, has made it possible for law enforcement to stop any suspected illegal immigrants and to demand the proper registration documents. For instance, criminal law defines what constitutes a crime. 3rd Jul 2019 Administrative Law Top writers. problem of the individual special case," New York University Law Review The process begins with the decision to arrest by a law enforcement officer in the field. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Concerning crime and justice, legislative bodies have recognized that Correctional officers give recommendations to parole officers when a parole hearing arises. Officers are obligated to follow state statute and agency policy and procedure when making these decisions. The effects of zoning regulations and eminent domain have been drastic and helped shape our society. This was in sharp contrast to New York v. Belton (1981) that allowed officers to search every vehicle incident to arrest. These boundaries include the U.S. and state constitutions, yet ambiguity in words of these laws often lead to discretion. But the answer is not to dismantle prosecutorial discretion – that would, to use the old expression, “throw out the baby with the bathwater.” systems from mental health to education, as well as criminal justice. "1 Discretion is exercised An effective and workable criminal justice system relies on police discretion. The fact that a person comes from a good family, is wealthy, or is a promising athlete does not diminish the seriousness of their offense and it certainly should not lessen the sentence. The type of information and future cases brought to the State Attorney as a result of the investigation will determine if the substantial assistance requirement has been fulfilled. Instructor: Melanie Norwood Melanie has taught several criminal justice courses, holds an MS in Sociology concentrating in Criminal Justice & is completing her Ph.D. in Criminology, Law & Justice. There is a middle path. Very few crimes are under exclusive Federal jurisdiction. Once a sentence has been imposed, correctional and probationary officers are responsible for overseeing and monitoring the recommended sentence. The departmental style influences every aspect of police work in that jurisdiction, ranging from hiring and promotional decisions, everyday police-community interactions, and budget decisions and resource allocation to police strategies and identification of crime problems within the jurisdiction. Discretion is exercised throughout all levels of policing. Criminal Justice Reform: Judge’s Discretion in Sentencing Is Far Broader Than What Most Think – and Reeks of Lack of Due Process! Get Your Custom Essay on Discretion in the Criminal Justice System Just from $13,9/Page Get custom paper Although it is common throughout the criminal justice system, some authoritative figures don’t use discretion in a way to guide punishments; they stay in accordance with established guidelines. As with adults, law enforcement serves as the gatekeeper to the justice system. In order to effectively process cases through the criminal justice system, discretion is an important tool for police, prosecutors, judges, and correctional officials. Discretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. 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. You can view samples of our professional work here. Discretion in Criminal Justice Systems. Criminal Justice System Criminal Justice System Introduction Criminal justice changes in rules, procedures, and terms from state to state. Durkheim viewed the function of punishment as a “passionate reaction” to crime. Cesare Beccaria, Cesar Lombroso, and Emile Durkheim developed their own theories of criminological behavior during specific time periods. Beccaria believed the punishment should be severe enough to outweigh the personal benefits derived from committing the crime. Lombroso coined the term atavism and believed criminality was a result of primitive urges that survived the evolutionary process. Police As substantive law, criminal law establishes what conduct is prohibited and the type of punishment a violator would be subject. Durkheim argued that people behave according to social rules, customs and traditions that collectively form a particular society. Perhaps the most influential decision under the Fifth Amendment was Miranda v. Arizona (1966). judgment within limits set by law. 4.8 … Disclaimer: This work has been submitted by a law student. This theory closely resembles today’s proof beyond a reasonable doubt. Discretion provides freedom to make decisions, specifically it is the power to make decisions on issues within legal guidelines. Discretion is more formally defined as “the authority to make a decision between two or more choices” (Pollock, 2014, p. 2). To ensure that discretion is exercised responsibly, government authority Most justice personnel are Punishment should be a deterrent imposed to prevent recidivism, not an act of retribution. This definition is useful as it allows discretion to be considered in a legal context rather than only when police officers operate illegal… The five rights that have been applicable to the states by means of the Due Process Clause of the Fourteenth Amendment are: indictment by a grand jury for a capital or major crime, prohibition of double jeopardy, prohibition on self-incrimination, a person cannot be deprived of life, liberty, or property, and prohibition on the taking of private property by the government without just compensation. He conducted work using bodies of deceased criminals. it keeps the judiciary and defense attorneys from becoming corrupt. Prosecutorial discretion is an important and valuable part of our criminal justice system. 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. He theorized, “A criminal is an atavistic being who reproduces the ferocious instincts of primitive humanity.” This theory was outlined in his classic 1876 work, L’uomo Delinguente. As one of the five rights afforded by the Due Process Clause, the prohibition of the taking of property without just compensation has had profound affects on our nation’s infrastructure. Free resources to assist you with your legal studies! Beccaria believed crime prevention was more important than revenge. States, however, are free to abolish grand juries and may use preliminary hearings as a substitute. This is not an example of the work produced by our Law Essay Writing Service. "The police are typically the first contact that young victims and delinquents have with the juvenile justice system. He found th… Looking for a flexible role? Similar discretionary decisions are based on judicial discretion or sentencing guidelines once the case is forwarded to justice... 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