...Controlling Discretion in the Criminal Justice System Discretion in the criminal justice system is becoming a rising problem. Criminals aren't being arrested when they should, police are using deadly force when it may not have been needed, prosecutors have too much leeway when it comes to which cases they prosecute, judges are given lots of room when it comes to bail and sentencing, and corrections aren't given enough guidelines and rules when it comes to correctional decisions. There needed to be a change to control the overall discretion and there was. Numerous factors played into this change and it proved to be mostly effective. Discretion issues have decreased since the new changes. The issues came in many shapes and forms. Discretion is used by police, prosecutors, and judges. Police use it to decide whether to make an arrest or not. Prosecutors can either accept or reject a case given to them. Judges decide on sentences of convicted criminals. All three of these put together make the entire justice system based on discretion. Police have the most influence discretion wise on the justice system. Goldstein stated in "The Criminal Justice System: Politics and Policies" that "the police define the ambit of discretion throughout the process of other decision makers." Discretion is also stated as "the means by which actors of the criminal justice system substitute their own judgments, interests, or objectives for formally specified statutory punishments in order to influence...
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...capital punishment is unconstitutional due to the fact that the “laws” gave sentence-rs unconstrained discretion in deciding whether or not to carry out the death sentence. Most if not all of these discretion by prosecutors were and are still exercised along the racial lines as well as socioeconomic status lines in ways that even a blind/deaf person can tell that race and social status influenced the final decision making (death sentence). According to the article black individuals are twice as likely to be put to death than white individuals. If the black defendant was convicted of killing a white individual, he/she is 4 times more likely to get the death sentence as compared white defendant killing a black person. These circumstances are proofs that expose the capital punishment as unconstitutional. Q2. Discretion in Criminal Justice System is fundamentally a processes that takes place from the point the law enforcer arrests a “criminal” to the point where the final decision as to what to do with this “criminal” is made. This is very important in the criminal justice system because it is through or based on this discretion that a sentence is carried out. Part of this discretion is picking who's going to end on the jury for whatever the case is. Unfortunately these...
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...Author Bio Gemma Halliday is a teaching assistant in the School of Law Enforcement and Justice Administration at Western Illinois University, where she has commenced study on a Master of Science in Kinesiology and exercise science. She holds a Bachelor of Social Science (Criminology) from Bond University Australia, where she was awarded undergraduate outstanding academic achievement. She is a recent graduate of Western Illinois University with a Master of Arts in Law Enforcement and Justice Administration, and was made a member of both Phi Kappa Phi and Golden Key International Honor Societies. Ms. Halliday has worked with and studied criminal justice issues in Australia, the United States, and the United Kingdom. Her current research interests include transnational sex and drug trafficking, and police fitness testing and standards. LEJA 518 - Issues paper: Police discretion. Gemma L. Halliday Western Illinois University “Enforcing the law without fear or favor” (Goldstein, 1963, p. 141). The very nature of police work is extremely complex in today’s society. Police officers play an important role comprising of many different tasks concerning; actually enforcing the criminal law, performing order maintenance and other miscellaneous services. It is through these duties and services that police are constantly intersecting and interacting with the community on a daily basis. Thus,...
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...the most controversial components of the Canadian criminal justice system and yet, it is the one component that Canadian citizens have the most contact with. People rely on the police for safety and security because, when confronted with criminal offences or dangerous situations, police officers are often the ones who protect the people. It is also important to note that many Canadians have never had any contact with other components of the criminal justice system, and therefore, the police are all that they know. It is no surprise that policing is considered to be such an important part of the criminal justice system. That being said, people are now becoming aware of the misconduct of some police officers. While...
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...DQ RESPONSE 1 Okay so my understanding in the simplest form of judicial discretion is that it is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Judical discretion can be exercized where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond the constraints that are set down by legislation, this is done through what is considered to be a binding precedent, but also by the constitution. The idea here is that the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ultra vires, and may sometimes be characterized as judicial activism. DQ RESPONSE 2 I think that in this discussion that it is very important to remember that the United States Constitution created three different branches of government. These consisted of the executive branch, the legislative branch and also the judicial. It was during this time that the doctrine of the separation of powers was created and it was then that they vested certain rights in each of these branches. At the same time that system of checks and balances came into play. What this does is it ensures that each branch of the government is able to maintain some degree of its own independence. DQ...
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...DQ RESPONSE 1 Okay so my understanding in the simplest form of judicial discretion is that it is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Judical discretion can be exercized where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond the constraints that are set down by legislation, this is done through what is considered to be a binding precedent, but also by the constitution. The idea here is that the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ultra vires, and may sometimes be characterized as judicial activism. DQ RESPONSE 2 I think that in this discussion that it is very important to remember that the United States Constitution created three different branches of government. These consisted of the executive branch, the legislative branch and also the judicial. It was during this time that the doctrine of the separation of powers was created and it was then that they vested certain rights in each of these branches. At the same time that system of checks and balances came into play. What this does is it ensures that each branch of the government is able to maintain some degree of its own independence. DQ...
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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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...Criminal Justice Trends Evaluation Anthony Tomlin CJA/394 May 1, 2014 Professor Ken Jones Criminal Justice Trends Evaluation The American criminal justice system serves as a means for retribution and rehabilitation for criminals. In the early inception of the criminal justice system juries held the sentencing powers – convicting most criminals to death. Over the years sentencing powers shifted to judges. In this paper we will discuss the problems and changes in the criminal justice processes. The criminal justice system is not perfect but over the years there has been an continued improvement in the process. There are issues with the system that are being addressed such as prison overcrowding, three strikes rule, the disparity in sentencing for certain drug convictions, and the sentencing of minority groups. There are several future trends, such as training and educating law enforcement personnel, rehabilitating criminals, and law enforcement being proactive versus reactive. There are changes in the criminal justice system occurring and changes being lobbied by politicians. The future of criminal justice is constantly evolving with time but the full extent of how the changes will affect the system is not fully known. Some suggest laws of the past have been left behind by society and that change to the criminal justice system requires an overhaul to laws. Understand some of the crimes individuals commit warrant the sentencing received because...
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...Case Attrition and Its Effect on the Criminal Justice System Brian C. Kennedy University of Phoenix CJS220 Steven Weber 09 July 2014 Abstract The vast criminal justice system in the United States is, in many ways, slow and cumbersome, but ultimately the best model available for a truly free society. Were it not for various mechanisms engineered into the system to organize and streamline proceedings, the system would likely break down, mired in bureaucracy and procedure. This is known as case attrition, it allows for the overwhelmingly large number of cases and potential cases to be sifted, or “winnowed” out along the procedural highway in order to focus resources on the cases that truly need the attention of a trial or appeal. (Meyer & Grant, 2003, p. 245) Types of Attrition Simply deciding on whether or not to report a crime or perceived crime is the first stage. This responsibility often lies with the citizenry and numerous motivations for reporting or non-reporting of crimes exist ranging from self preservation to the lack of importance in the citizens eyes. Police also have a level of discretion dictated both by statute and departmental policy. They can decide whether or not an action rises to the level of a crime at all or if the crime is worthy of the resources and manpower needed in relation to the...
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...Institute of Health and Social Care, Anglia Ruskin University Abstract: This article explores the diversionary measure of restorative final warnings within the context of the youth justice system. We examine the philosophy and rationale of the new era in cautioning and discuss the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998. To date there has been very little research or academic debate on the new system of police cautioning of youth. Additionally, as final warnings develop a greater association with restorative justice practices, we explore how this ‘pre court’ intervention has the potential to broaden oppressive and discriminatory practices within the youth justice system in relation to particular societal groups. We will begin by explaining how police cautioning of youth has changed with the implementation of the Crime and Disorder Act 1998 and then explore contemporary police practices and outcomes regarding youth and the restorative final warning scheme. We will highlight the conflicting nature of the new scheme which requires voluntary agreement throughout its statutory process to ensure successful completion. We will also demonstrate that the systematic implementation of final warnings has reduced police discretion and increased levels of police accountability, and that this, in turn, appears to have increased the potential for net widening and disproportionate punitive...
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...Please post a 200-300-word response to the following discussion question by clicking on Reply. What is crime? What are the components of the criminal justice system? How does crime relate to the law? What changes would you recommend to better improve the criminal justice process? Crime is any act or omission (i.e. something intentionally or unintentionally left out), which violates established laws of the local, state, or federal governments (Schmalleger, 2011, p. 7). What does this mean? It means that if there is a law governing a particular act and an individual commits the act in violation of the established law, they are committing a crime. For example, if there is a local ordinance (law) banning smoking of any kind of tobacco or tobacco product within 25 feet of a business or government building and you find yourself smoking a cigarette within 10 feet of one of these specified locations (act), you are in violation of the law and in effect committing a crime. The components of the criminal justice system consist of law enforcement, courts and corrections (Schmalleger, 2011, p. 14). In all of the components of the criminal justice system, you will find various agencies, titles, and roles specific to ensuring the administration of justice. These systems of processes are designed to protect the innocent and ensure fairness (due process) of the law is adhered to before, during, and after arrest (Schmalleger, 2011, p. 14). Crime in a sense is an act or omission, which society...
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...Factors persuading criminal justice staff conduct paper University of Phoenix Factors persuading criminal justice staff conduct paper Many things play a role influencing how criminal justice officers will act and how the actions will affect the criminal justice system and the society that they have to protect and serve on a daily basis because of the influences of their actions. In the paper, it will be discussed the assess risk, responsibility, and financial effect working together with discretionary power worked out. By staff in the criminal justice system, and What part does a civilian oversight committee have in guaranteeing authoritative forces not manhandled as it applies to policies, procedures, risk, monetary elements, and discretion. Assess obligation, responsibility, and financial effect working together with discretionary power practiced by staff in the criminal justice system. Every organization to attain and maintain, a culture of honest a more efficient model with discipline has to apply also sustained. The administrators must embrace the new paradigm with self-accountability for each staff member one of them were head managers are not free from which means. The objectives should be to obtain self-accountability rather than just making officers liable following their act of indiscretion. Even though punishing staff members, for violating a policy that includes each tradition also common sense. There are more than numerous various approaches which could...
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...The Impact of Sentencing Guidelines on the Criminal Justice System Public Safety Capstone Project Our criminal justice system has an obligation to impose fair sentences. The United States Sentencing Commission is the result of the Sentencing Reform Act of 1984 that had laws created to ensure that sentencing was fair from state to state, and a judge provided proof of that sentencing was indeed black and white. To eliminate the possibility of being unjust, the government became involved in creating guidelines on the punishment that was rendered based on the type or types of crimes an individual committed. Sentencing guidelines were imposed to set the terms that would fit the crime some of the sentencing may be a payment of a fine, community service, incarceration, the death penalty, and or probation and parole. Throughout the years there has been a concentrated effort to standardize the sentencing especially in felony offenses, and to diminish judicial discretion in sentencing. Due to this there is a perception by lawmakers and the public that arbitrary or discriminatory practice with fair and just sentencing in certain cases and or crimes. “The Federal Government and 16 States have implemented presumptive or voluntary/advisory sentencing guidelines. Each of these states has established guidelines for different purposes and most of them were asked to meet multiple goals, including punishment, deterrence, incapacitation, and rehabilitation...
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...Courtroom Participants Team B: Sheena McCall, Idalia Gill, Neil Gabe, Billie Adams, and Dannielle Rea CJA/224 October 31, 2011 Austin Dunham Weidner Courtroom Participants In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victims, witnesses, jurors, bailiff, and court reporter are each participants in the courtroom workgroup. Although every participant plays a different role in the process, they each contribute to the courts general objective of ensuring that the legal system remains fair, efficient, and effective to those individuals accused of committing a crime. A judge’s role is essential to court proceedings. He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights of due process. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities outside of this setting. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken...
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...much discretional power to police and others in the justice system without enforcing the limits, we are asking for trouble. Everyone makes mistakes in their lifetime, it’s just a natural part of being a human and sometimes because of those human errors innocent people fall victim to wrongful accusations and end up in prison over a crime that they didn’t commit. Most officers and prosecutors don’t want to put innocent people in jail and there are relatively few officials out there that abuse their discretional power and spoil everything for us all. I agree with the statement that was made but only to an extent. I argue that discretion is more good than bad and is a necessary evil that we need even though there is a chance that it could be abused by the people that control power. Furthermore, I argue that the theories and laws to limit the discretion officers and prosecutors have are useless because they are usually not enforced strictly enough. One of the reasons that we need police discretion is because of how narrow most laws are when they are created. The nature of our laws prevents them from fitting every situation that comes up which is why we have trials to test a man’s innocence. Not every person who commits a crime deserves the full force of the punishment that they might receive. Some criminals deserve more while others deserve less because of the circumstances of the situation. Some proponents of police discretion argue that, without it, many police officers wouldn’t...
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