Role of discretion in the criminal justice system. Is Too Much Discretion Used In The Criminal Justice System 2019-01-06

Role of discretion in the criminal justice system Rating: 5,4/10 1769 reviews

Discretion in the Criminal Justice System

role of discretion in the criminal justice system

Many crimes are never prosecuted because they are not reported, because no suspects can be identified, or because the available evidence is not adequate for the prosecutor to build a case. If officers do not find a suspect and enough evidence, the case remains open. For less serious offences, police may simply issue a warning or caution yet if a caution is issued more than three times, police will usually arrest the offender so that the matter is heard in court. Throughout, she continues to take strong public positions for her client. Prosecutors know the Berger script. As a victim, you will need to know what to expect and have support throughout the process.


Next

Is Too Much Discretion Used In The Criminal Justice System

role of discretion in the criminal justice system

As with adults, law enforcement serves as the gatekeeper to the justice system. It certainly does not describe most of the criminal defense attorneys that I encountered when I was a United States Attorney, nor does it describe my former prosecutorial colleagues who have since entered private practice and have become criminal defense attorneys. Whatever he says is said for Simpson's benefit, not because it is true. Essentials of Research Methods in Criminal Justice and Criminology pp. Instead of the image of the two gladiators who fight to the death in the courtroom, a more apt image of what actually occurs is two gladiators who march into the arena with their armor and their weapons and then promptly throw down their armor, throw down their weapons, and go off to a little table in the shade and negotiate a deal. We find that an increase in the statutory sentence for a given crime can increase sentence length for those who are charged with the crime, and also for those who are charged with factually 'similar' crimes, where a 'similar' crime is defined as one that has legal elements in common with the given crime.


Next

Legal Studies: Discretion, the Powers of Police (and the Criminal Investigation Process)

role of discretion in the criminal justice system

In many States, the legislature statutorily excludes certain usually serious offenses from the jurisdiction of the juvenile court regardless of the age of the accused. In both cases, however, could other paths have been taken? I next want to turn to the role of the criminal defense attorney. In some instances, a suspect is arrested and later the police determine that no crime was committed and the suspect is released. I could suggest you writing more for your essay; 600 words may get your away but I suggest write more, and in detail - 800 words is the recommended length. Where the grand jury system is used, the grand jury may also investigate criminal activity generally and issue indictments called grand jury originals that initiate criminal cases.

Next

The Criminal Justice System

role of discretion in the criminal justice system

Clearly, the police saw that this man posed a reasonable threat and acted accordingly. In my opinion, depending on the severity of the crime discretion should or should not be used. Police opened fire, fatally wounding the 15-year-old. In some jurisdictions, juvenile offenders may be classified as youthful offenders which can lead to extended sentences. How the criminal justice system works in each area depends on the jurisdiction that is in charge: city, county, state, federal or tribal government or military installation. The processing of juvenile offenders is not entirely dissimilar to adult criminal processing, but there are crucial differences. With our overcrowded jails, police and judges need to use their training, insight and experience to keep the public safe from individuals that have no regard for the law.

Next

Discretion in the Criminal Justice System free essay sample

role of discretion in the criminal justice system

Enforcing the law for adults who are habitual offenders is necessary to uphold order. Police exercise discretion every day as they have discretionary powers of arrest in certain matters and have discretion in the exercising of their powers when carrying out their duties. The criminal defense lawyer, like the two great generals, sees himself as a gladiator and the courtroom as his arena of battle. In the courtroom, this manifests itself in a number of ways. Once a juvenile is under juvenile court disposition, the court may retain jurisdiction until the juvenile legally becomes an adult at age 21in most States.

Next

Legal Studies: Discretion, the Powers of Police (and the Criminal Investigation Process)

role of discretion in the criminal justice system

Founded on the concept that crimes against an individual are crimes against the State, our justice system prosecutes individuals as though they victimized all of society. Police protection is primarily a function of cities and towns. Here is an example, and I don't think it's atypical. All systems must respect the rights of individuals set forth in court interpretation of the U. Juvenile offenders who violate the conditions of aftercare may have their aftercare revoked, resulting in being recommitted to a facility.

Next

Assess the role of discretion in the criminal justice system in achieving justice.

role of discretion in the criminal justice system

Most justice personnel are employed at the local level. After such an indictment, law enforcement tries to apprehend and arrest the suspects named in the indictment. If the accused pleads not guilty or not guilty by reason of insanity, a date is set for the trial. See for general information about victims' rights. In the short time remaining this afternoon, I do not want to talk much about these events that occur in courtrooms, not because I think they are unimportant, but because they have already been much discussed. As numerous Supreme Court opinions and other pronouncements have reminded us, our criminal justice system is an accusatorial or an adversarial system and not an inquisitorial system.

Next

Discretion in the Criminal Justice System

role of discretion in the criminal justice system

To examine that, we must look at our current understanding of the nature of our system. They have great discretion, or freedom, to make choices about how to prosecute the case. If, however, that is in fact what a criminal defense attorney or prosecutor does in public speech, I think it is something that the profession should strongly oppose. Examples of alternative programs include drug treatment, individual or group counseling, or referral to educational and recreational programs. Readers may find it helpful to consult their local victim assistance program, local prosecutor's office, state attorney general's office, local or state bar association, or local law library for information specific to their own area or jurisdictions. In those cases where the juvenile court retains jurisdiction, the case may be handled formally by filing a delinquency petition or informally by diverting the juvenile to other agencies or programs in lieu of further court processing.

Next