...Assignment: Police Discretion CJS/210 I define discretion as being anytime one may make a decision. The decision may be anything as simple as what to wear that day to something as complicated as to whether or not to accept a job in a different state. Discretion is used many times in one day; one may not even realize that they are using discretion. Discretion is critical in law enforcement because it could be the difference between life and death either for the law enforcement officer himself or others. A law enforcement officer has to make split second decisions that can affect one’s life dramatically if the wrong decision is made; this is why it is important for the right decision to be made. Not only can the wrong decision cause death or serious injury, it can also cause one’s life to be torn upside down if a wrong arrest is made. The officer in the scenario exercised discretion in these three ways. First the officer used discretion when she decided to stop and provide medical care if needed, by deciding to approach the suspect instead of driving on discretion was used. Second, the officer used discretion by deciding to chase after the suspect when he ran away. Third, the officer exercised discretion when she chased after the suspect again even though a violent struggle had occurred instead of calling for back up first. I believe that the officer did use appropriate discretion; however I believe that she could have saved herself a lot of trouble and pain if she...
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...Courtroom Discretion Q&A Response Misty Moore, Victoria Hardin and Elizabeth Ortiz CJA/224 September 19, 2011 Rick Rice Courtroom Discretion Q&A Response What is prosecutorial discretion? When a crime happens evidence is gathered, witnesses are found and a case file is established all the information. Due to an overabundance of case files, prosecutors review each file and which will be brought to trial. When there is enough evidence to convince the prosecutor the person suspected of committing the crime is guilty without a reasonable doubt, he or she will pursue the case to trial. Many decisions pertaining to a case going to trial and how actively they pursue the case are left up to prosecutors and how they view the evidence and what the evidence means to them. This can be described as prosecutorial discretion. How does this affect the prosecutor and overall case flow in the criminal court system? Prosecutorial discretion puts an abundance of pressure on the prosecutors and their roles in the courts. The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects...
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...perspective discretion can be defined as the authority granted by law to agencies and officials to act on their own considered judgement and conscience in certain situations; and each area of the legal system (judges, parliament and law enforcement) has its own discretion. Police discretion is the ability granted by the legal system to police offices, in certain situations, to act in a manner that allows authorities to make responsible decisions and individual choices or judgments, within certain legal bounds. In law enforcement, discretion is left up to each individual officer to make reasonable and responsible decisions out in the field everyday (Beech, 2008). Discretion is used in many situations, such as when an officer chooses to stop a vehicle for a small traffic violation. There are also times when the officer has no choice but to use specific discretion in certain situations and make a decision on what type of force is necessary for certain situations (Elicker, 2007). Society believes that an officer can make any choice he or she chooses at anytime while on the job, which is highly incorrect as there are many situations when an officer has no choice but to follow the law. For the most part every officer has a choice when to use or not to use discretion, and enforce the law, but allowing this choice to be made by individuals, who may seem like an average member of society, can pose a real threat regarding the misuse of such power (Delattre, 2006). Police discretion though it...
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...In the criminal justice system, this concept is often referred to as discretion and it is no surprise that officers and judicial figures have the right to exercise discretion. It is safe to assume that discretion is a fundamental aspect of the criminal justice system. Some instances of discretion can have a positive impact on public opinion (not giving someone a speeding ticket; fair sentencing in court). There is also a negative side to allowing this much power to officials within the criminal justice system. The negative aspects of discretion can be found in the underlying points of McLean's article. Police officers cannot be held accountable if judges and higher-ranking officers are exercising their discretion in a negative manner. All of the officers mentioned in the article could have obtained more severe punishment had it not been for the use of discretion. These judges could have used these punishments to set an example for other officers and ensure the fair treatment of all citizens. If the crime was really severe, such as the case of the aboriginal man left miles from town, the officer could have been fired rather than being given a lower pay grade. Within the criminal justice system, discretion is both a blessing and a curse. Discretion is good because it allows judges and police officers to help out for minor offences and it is sometimes effective in more complex cases. For example, if...
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...Inventory: Cranial | Frontal | Parietal | Temporal | Occipital | Sphenoid | Ethmoid | Facial Bones: | Mandible | Maxilla | Palatine | Zygomatic | Nasal | Lacrimal | Vomer | Inferior Nasal Conchae | Malleus | Incus | Stapes | Hyoid | Shoulder Girdle | Scapula | Clavicle | Thorax | Sternum | Ribs | Vertebral Column | Cervical | Thoracic | Lumbar | Arms | Humerus | Forearm | Radius | Ulna | Hands | Carpal | Scaphoid | Lunate | Triquetrum | Pisiform | Trapezium | Trapezoid | Capitate | Hamate | Metacarpus | Metacarpals | Proximal Phalanges | Intermediate Phalanges | Distal Phalanges | Pelvis | Sacrum | Coccyx | OS Coxae | Thighs | Femur | Legs | Patella | Tibia | Fibula | Feet | Tarsal | Calcaneus | Talus | Navicular | Medial Cuneiform | Intermediate Cuneiform | Lateral Cuneiform | Cuboid | Toes | Proximal Phalanges | Intermediate Phalanges | Distal Phalanges | Bones that are absent will be the color outlined in this line. Remains were sent to my lab, of a human skeleton. It was said that the skeletal remains were that of one individual. It was also notated that the hyoid bone was missing, which is the bone located in the throat region, it is sometimes referred to as the lingual bone. Other bones that were notated that were missing were the tarsals, metatarsals, and all of the phalanges, intermediate, distal, and proximal...
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...Law enforcement profession especially the police is a profession like no other when it comes to the use of discretion on daily basis. Discretion means is the authority of someone to make decision between two or more choices (Pollock, 2014 p. 2). In policing, discretion is a privilege given to police officers to use their individual judgement when performing their duties. The special privilege is given to every police officer because most of the time a police officer is working alone when situation arise where the use of discretion is required. The use of police officer’s discretion while doing his/her job depends on different reasons like factors involving the offender, the situation and the system. Although police officer has a privilege of using individualized judgement, it is not absolute because he/she still must follow the ethical standard of his/her police department but some police officer does bend the rules and use an unethical behavior when using discretion. In police, police discretion can mean two things: enforcing the law or letting an offender off the hook. There are various factors where a police officer uses his/her discretion. One of the reason will depend on an offender variable. An example is, John while patrolling the community one night, he saw a car swerving on the road and an obvious DUI. He...
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...I chose Chapter 9, Policing Discretion and Behavior, to summarize. I chose this subject matter because my main goal of taking this course (I am not a Criminal Justice major) was to understand when, why and where an officer can search my possessions and how officers use their discretion to be objective in their line of duty and how not to be subjective when making their decisions. In my personal opinion the world is a corrupt place in many ways. I want to avoid corrupt officers at all costs and I feel as a citizen having the knowledge of police tactics and the way justice is served is the most important step in doing so. I am not saying I do not trust police officers, I have immense respect for their line of work; but I am not naive to the world and I know that everyone cannot be trusted. The Role of Discretion in Policing. Unlike any citizens outside their profession, officers have the right to use force against someone. Another important characteristic of the policing profession is the amount of discretion given to individual officers. The senior police management officers make decisions about department policies, police strategies, and distribution of police resources; this is also called command discretion. Surprisingly, day to day decisions like whom to stop, whom to arrest, and who to question are made by everyday officers. These officers also decide how to deal with public complaints. There is much public concern and the media and policy makers take great interest in...
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...millions and be subjected to unfair and unnecessarily long punishments” (par.11). If these nonviolent offenders overcrowd these prisons that’s more money out of government budget, which comes from taxpayers. Surely taxpayers do not want to spend more money on people who are placed behind bars, for ten plus years, due to committing a crime that hasn’t ended anyone’s life or threatened their well-being without their consent or knowledge. If these criminals take up room in these prisons, where will the incoming murderers, rapists, and molesters go for their punishment? This will mean more prisons would have to be built to house the criminals who truly need to be locked away for ten plus years. Mandatory minimums give judges little to no discretion in sentencing. That is the very reason why states are calling for prison reforms. These one size fits all sentences are seen as unfair. People are given sentences for small crimes compared to larger crimes such as rape, murder, theft, and other crimes that involve aggressive force. According to Amber Finnegan, “The FJC concluded “there are better alternatives [than mandatory minimum sentences] that can more effectively express our values and accomplish our goals.” It has become clear over the past three decades that mandatory minimums are not only disrupting our ability to carry out our judicial system justly, but are also unnecessarily ruining the lives of people who have made minor mistakes in their past or were convicted of...
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...As noted earlier, nonincarceration sentences include economic sanctions, probation, and intermediate sanctions; incarceration sentences include both short-term and long-term confinement. As described in the next two chapters, short sentences are sometimes linked with an intermediate sanction, so offenders spend part of their sentence in jail or prison and part of their sentence under supervision in the community. Finally, there are sentences of death. For sentences of incarceration, indeterminate and determinate sentences are the two primary models used throughout the United States, although there are many variations for each of these. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served. At the time of sentencing, judges sentence offenders to indeterminate sentences, with a minimum and maximum amount of time to be served (for example, two to five years or ten to twenty years). After serving the minimum term, offenders are eligible to be released and their cases are reviewed by a parole board. The parole board determines the release date any time between the minimum and maximum sentence. If a parole board never grants parole, the offender serves the maximum sentence and then must be released. The parole decision and postrelease supervision in the community are described in Chapter 6. indeterminate sentences sentences that have a minimum and maximum time to serve; a decision by a release...
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...Within the prison system there are various key issues that surrounded the operations of the daily activities as well as the administration of the judicial system. Some of these key such as prison violence, prison rape and the drug policy issues are negative and does affect the prison. On the issue of prison violence, over the years, prison violence has been on the rise. This has causes major changes within the prions system, such as implementing strategies to control the prisoners and their criminal behaviors. Prison rape also has continues to rise. This issue has been will probably continue to exist. This is because the prison officials have yet to be able to control this kind of activity. Another issue that has been affects the prison system is the sentencing that are being handed out for drug charges. This has cause the prisons to be overcrowded. Prison Violence on the Rise Prison violence is on the rise, many prison conditions are a recipe for violence, by being overcrowded, understaffed, insufficient staff training, excessive solitary confinement, insecure facilities, mistreatment of mentally ill inmates, policies that weaken family ties, a culture of disrespect between staff and prisoners, and little accountability for wardens. These facilities are causing concern not only for inmates but, for those employed to supervise the convicted offenders. Inmate population continue to grow, staffing levels in most facilities either have stopped or decreased. Violence has increased...
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...Mandatory Minimum Sentencing A Review of Literature With America's recently increasing problem with illegal substances; a war on drugs has erupted. American drug use has exponentially grown over the last 60 years, causing law enforcement agencies to crack down on drug use, trafficking, abuse and possession. President Nixon stated that the United States' War on Drugs was "public enemy number one" (Jarecki, Barnes, 2013). In response to this growing issue, the United State's criminal justice system began sentencing criminals to jail for a "mandatory minimum" period of time in drug related offenses. With hopes of making a dent in the drug war and of taking the guess work out of sentencing, the courts adopted the law. These longer more harsh sentences have had a positive outcome on the war on drugs. It has helped by getting offenders off the streets and the substances out of the hands of Americans. The criminals that are being sentenced to these long terms deserve the time they are given because they chose to break the U.S. law and came into contact with illegal controlled substances. By giving these mandatory minimum sentences, the criminals are off the streets and away from the pressures of drugs and crime where they used to live, and have the chance to regain a new life through prison rehabilitation. The mandatory minimum sentences are given not only to help punish criminals individually, but also to help the judicial system by way of giving the judges a guideline and a standard...
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...Statehouse Reporter for Telegram and Gazette discusses the mandatory minimum sentencing laws for drug related crimes which were adopted in the 1980’s and 1990’s. Monahan highlights some of the major problems with minimum sentencing laws related to drug crimes. The article relates to the core of the issue by recent research and opinions of government officials who support this view. He finds this opinion strongly supported by people in the legal field and some government officials as well, however the article is also of interest to those effected by or with some interest to mandatory minimum sentencing. Many critics find the laws to be unfair for various reasons. The laws target minorities, take discretion away from judges and put it in the hands of police and prosecutors who misuse this discretion and apply punishments that do not fit the crime committed. Senator Cynthia S Creem, D-Newton has sponsored a bill that would allow inmates to be considered for parole after serving two thirds of their sentence. However this proposal was rejected outright by Lt Gov. Kerry Healey. Rep. Anne Paulsen also proposed to make the law even stricter by adding time to their sentence for those who commit drug offenses nearby a school. The article concludes with Chief Justice Mulligan maintaining the law is a problem because it disproportionately targets minorities. In conclusion Monahan has taken advantage of some useful data and opinions of government officials to scrutinize mandatory minimum sentencing...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Noah Messersmith English Comp 101 4/14/14 Persuasive Essay First Draft Did you know that due to mandatory minimum sentencing, the U.S. federal prison populations have almost grown 800 percent in the last three decades? What is mandatory minimum sentencing you ask? Well it is the set sentencing that is given to someone that the judge cannot shorten because it is a set time and they can’t shorten it, even for extenuating circumstances (“What Are Mandatory Minimum Sentencing Laws”). The U.S. Supreme Court should review the mandatory minimum sentences, weigh the positives and the negatives, look at the possible advantages and disadvantages, and then do what they need to do to enforce what they decide. Although many people are for mandatory minimum sentences and think that they are fine and don’t need to be refined and changed, there are many reasons why they should be shortened. One reason is that it will make the prison system is overpopulated and it will make it a safer place for the inmates and for the prison guards. It will make it safer for the inmates because there won’t be as many inmates in there for long periods of time and they don’t have to worry about their safety as much because right now, there are so many inmates that the guards are losing some of their control over them. It will make it safer for the prison guards because they won’t have as many people to look over and they will feel like they have more power and authority because they won’t feel as overwhelmed...
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...Discretion is judgment, and in specific to the criminal justice system, the judgment exercised by applying principles, values and facts. 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. The rule of law is the basic premise that govern and guide the criminal justice. The rule of law create equality among everyone including authorities, criminals and accused. The police have a lot do with discretion under the justice system since they face different situation every day and no situation is the same. There are two type of police discretion which are individual and command. Individual deals with the police and command is the handle with the police administrator. Since no two situation are the same, most police use their judgment to solve the situation. A prosecutor have a lot to do with discretion too since a criminal may need a plea bargain, investigate if the accuse is guilty or not guilty. Whether to charge an accused or not to charge an accused is a critical factor in the discretion of the justice system. Also, do the accuse get a plea bargain and what are they offering and what will they get. The judges have a lot to do with it as well, from the individual release, sentence and what evidence to allow in the courtroom. Discretion...
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