Discretion is
the latitude granted officials to act under a formal set of rules and in a public capacity
. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.
What role should discretion play in the sentencing process?
Judicial Discretion Definition
Its judicious use
increases fairness
and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent.
What is the role of discretion?
Studies in this literature generally hypothesize that discretion plays one of two roles: either it
serves as the means by which changing broad social norms against crime cause changes in sentencing patterns (with concurrent changes in formal laws reflecting broad social norms but not causing criminal justice outcomes)
, …
Why discretion is important in policing?
Police action is guided by the
decision-making flexibility
available to officers. Although this flexibility, or discretion, is vital to the police role, it also has the potential to produce inequities among citizens. One avenue for these inequities to emerge is through traffic stop decisions.
What is an example of discretion?
Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is
the ability of a juror to determine a verdict
. … I leave that to your discretion.
What are examples of police discretion?
- whether to draw his weapon.
- whether to make an arrest.
- whether to issue a traffic ticket or other violation.
- whether to shoot a gun.
- whether to perform a search.
- whether to stop and assist someone.
What are the 5 principles of sentencing?
- DETERRENCE. There is a belief that punishment for crime can deter people from offending. …
- REHABILITATION. …
- PROTECTION OF THE PUBLIC. …
- RETRIBUTION. …
- SYMBOLIC DENUNCIATION.
Why do judges have discretion?
Judicial discretion gives
courts immense power which is exercised when legislature allows for it
. … Judicial discretion is granted to the courts out of recognition of each cases individuality, and as such, decisions should be based on the case’s particular circumstances rather than a rigid application of law.
What are the two most common reasons for disparity in sentencing?
Racism and sexism
Some prison reform and prison abolition supporters have argued that race and gender are both valid reasons for disparity in sentencing.
What are the factors that influence police discretion?
- Suspect’s Demeanor. …
- Suspect’s Record. …
- Complaints. …
- Attitude of Parents/Guardians. …
- System Variables.
What is the concept of police discretion?
Defining discretion in Law Enforcement. Discretion refers to
an official action that is taken by a criminal justice official i.e. police officer
, lawyer or judge etc. in which they use their own individual judgment, to decide the best course of action.
What is the principle of police discretion?
The exercise of police discretion is
a decision-making process
, as officers evaluate the situations in which they intervene and choose a course of action from among a set of alternatives; if their involvement is not at the request of a citizen, they also make decisions about whether to intervene.
How do you show discretion?
A simple example of discretion is whether you excuse yourself and say, “
I’ll be back in a few minutes
,” or announce, “I need to go to the bathroom.”
What is the concept of discretion?
Discretion is
the power of officials to act according to the dictates of their own judgment and conscience
. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.
How do you use discretion?
- Because my daughter spends money recklessly, I have to give out her allowance at my discretion.
- Parents have the discretion to determine which television programs their children may watch.
What are some examples of prosecutorial discretion?
For example, if the facts and evidence indicate that killing was actually in self-defense (which can be a close call in some cases), the prosecutor may
reduce the charges from murder to manslaughter
, or even drop the charges entirely.
