Paper on discretion. Essays on Discretion. Research Paper Topics & Free Essay Examples. How to write about Discretion 2022-11-01
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Discretion refers to the ability to make decisions or take actions based on one's own judgment and understanding of a situation, rather than being bound by strict rules or guidelines. In the context of criminal justice, discretion plays a significant role in the exercise of police powers, the prosecution of cases, and the sentencing of offenders.
One area where discretion is often used is in police decision-making. Police officers are often faced with situations where they must make quick decisions about how to respond. For example, an officer may encounter a group of individuals who are behaving suspiciously, but may not have sufficient evidence to arrest them. In this case, the officer may use their discretion to decide whether or not to detain and question the individuals, or to let them go.
Another area where discretion is commonly used is in the prosecution of criminal cases. Prosecutors have the authority to decide which cases to pursue and what charges to bring against defendants. This discretion can be exercised in a number of ways, such as deciding whether or not to offer a plea bargain, or deciding what sentence to recommend to a judge.
Discretion is also a factor in the sentencing of offenders. Judges have the authority to impose sentences within certain ranges, but they also have the discretion to choose a sentence that they believe is appropriate in a particular case. Factors that may influence a judge's decision include the severity of the crime, the defendant's criminal history, and the impact of the crime on the victim.
While discretion is an important tool for criminal justice professionals, it can also be a source of controversy. Some critics argue that discretion allows for unequal treatment of individuals, particularly those from marginalized or disadvantaged groups. Others argue that discretion can be misused or abused, leading to injustice.
To address these concerns, many criminal justice agencies have established guidelines and policies to guide the exercise of discretion. These guidelines may include factors that must be considered when making decisions, or may outline specific procedures that must be followed. In addition, agencies may also establish oversight mechanisms to ensure that discretion is used appropriately.
In conclusion, discretion is an important aspect of the criminal justice system, but it is also a complex and potentially controversial issue. By establishing clear guidelines and oversight mechanisms, we can ensure that discretion is used in a fair and just manner.
529 words essay on Discretion
A minimum of five 5 scholarly references are required. In such a case, the prosecutor may in effect exercise significant control over the sentence to be imposed if the defendant is convicted. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. These are consensual, detention and arrest. Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. It is better for the officers to first talk about the problem with the driver of the vehicle and then make a decision about putting a person behind the bars or not. But this does not render prosecutorial discretion less important.
. FLORIDA SUNSHINE STATE STANDARDS For Language Arts English , the Florida Department of Education has revised certain standards and benchmarks for the 2011-12 school year. As a consequence, the prosecutor engages in a kind of triage, determining which categories of case receive priority; which types of offenses should be pursued aggressively, more passively, or not at all; and which cases should be brought only where easy convictions can be expected. Ultimately, as constitutional criminal procedure developed since Mapp, a balance arose between the need to safeguard the constitutional rights of Words: 773 Length: 3 Pages Topic: Business - Law Paper : 1930175 While the actions of Kato are more serious in principle, I would recommend informal reprimand absent specific reason to believe that informal addressing of the matter might be insufficient to achieve the desired result in the future. Usually discretion involves a conscious, purposeful decision to disregard a directive, protocol, or normative behavior in favor of some alternative recourse deemed to be more appropriate to the current circumstance or condition.
Police Discretion During Stops And Citizen Interactions Research Paper
Even in this strongest sense, discretion is always conferred for a particular purpose, and operates within some limits. Discretion is defined as the authority to make a decision between two or more choices. As already discussed, this includes the power to compromise or settle the case by accepting a lesser plea in satisfaction of the original charges. An instance is of the skid-rows zones U. More recently, other economists have found positive and statistically significant relationships between advertising and profits in US manufacturing. In a busy court operating under basic adversarial assumptions, judges will not often feel the need to impose a greater sentence than that recommended by the prosecutor.
Discretion Essay â€“ Free Samples for Every Circumstance
To an extreme extent execution of endeavor can impact the utilization of discretion. In routine criminal cases, the traditional division of roles between the police, who investigate complaints and arrest offenders, and the prosecutors, who decide whether to bring formal charges and present the evidence in court, remains approximately in place. For example, we might say that the lieutenant left the sergeant a great deal of discretion if she ordered him to select the five most experienced soldiers for a particular mission, since the criterion of experience could be applied in different ways. . By the same token, a prosecutor can decide that a case is not even worth investigating, or that a cursory inquiry will be sufficient.
Seton Hall Circuit Review, 6 1. Particularly, police are faced with situations where they have to exercise discretion when making decisions, and for these decisions to be classified as discretionary, they must be made in legal settings Schulenberg, 2015. I feel that, at least in India we do not deserve to have any discretion of any type as, we are prone to misuse it just as we misuse all other advantages given to us. Have to compose a Discretion paper and want it to be virtually superb, but got no clue about where to start? This would create controversy and accusations of prejudice and bias would certainly evolve. One of the other areas where it is important to exercise discretion is traffic stops.
This helps in fastening the process of crime investigations in the community. Will the prosecutor resist motions for the suppression of evidence to the utmost, or agree not to present contested evidence to save time and effort? It is important to understand the extent of the crime. Nor is it clear that providing for additional levels of review will improve decision-making. Citizen interactions Police interact with citizens in three main ways. Police make stops of both male and female people in criminal suspicion cases. Vroom Jago Leadership Model group and if it involves the group, to what extent.
The idea of giving this discretion was originally to help him utilise whatever is available to him for the best use for work. Civil Rights Journal, 03 01 , 29. Prosecutorial discretion and the duty to seek justice in an overburdened criminal justice Ssystem. . Justice Quarterly, 19 2 , 215-248. Opponents of this view present both practical and conceptual arguments.
📌 Essay Sample on Discretion and Ethical Decision Making
Lawfulness and legitimacy of stops Officers can make stops of male or female individual irrespective of color and socioeconomic status. Some previous researchers felt that male people are more likely to encounter police stops as compared to women. These discretion control mechanisms have numerous weaknesses. Discretion may be used by a police officer for resolving domestic disturbances. The law makers may disregard diverse understandings of the law hence leaving individual to employ their discretion in making judgments. In this essay, I am going to analyze the meaning of Proverbs 2:11, my understanding of its meaning, how it applies to my life, as well as how man personifies Proverbs 2:11 throughout human history.
Imagine you are driving a 1999 Toyota Corolla, you have 3 car seats in the back with no children present at the time and you just got pulled over by a police officer for going 9 miles per hour over the speed limit on an empty highway. Sound public policy Lastly, sound public policy is essential in promoting proper use of discretion among the police. In a similar fashion, police officers are not trained to deal with every situation. Treating everyone as equal means every individual can achieve their potential and dreams free from discrimination. For these or any other, click on the ORDER BUTTON to Get Started. Establishment of rules regarding the use of discretion promotes positive use of discretion, Williams G.