Discretionary Decision Making In The Criminal Justice Process Essay
Law enforcement officers, prosecuting attorneys, judges, correction officers and probation officers are faced with discretionary decision making throughout the criminal justice process. Discretionary choice is defined as“ the lawful ability if an agent of government to exercise choice in making a decision” (D.Neubauer & S. Meinhold; pg 478). In several cases many people face a plea- bargain. Plea barging is the process through which a defendant pleads guilty to a criminal charge with expectation of receiving some consideration from the state” (D.Neubauer & S. Meinhold; pg.244). The procedure starts with deciding as a law enforcement officer to make an arrest and once the case is sent to the prosecuting attorney; discretionary decisions are
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Research has shown that race may also have a disproportionate effect on capital punishment and other sentencing. Race and other negative feelings about certain types of people play a significant role in how certain roles of authority treat people, especially in the Criminal Justice system. A judge’s discretion is influenced by politics, which can be a positive factor. With the possibility of these influential elements, a judge’s action may display a genuine concern of the wants and needs for the public in which they are serving. A judge’s discretion can be negative because they may simply be prejudice, which could cause a bias judge to be removed, allowing the opportunity for a new judge to fill the space and public to be treated more fairly in the justice system. Also, since a judge may understand the daily obstacles of the poor, or the mistreatment of justice to minority groups, they have the discretion to decide whether such harsh punishments will be imposed. For example, if a single mother is caught stealing food to feed her children, the judge may not assign a harsh sentence due to the fact that they are surviving on one income and the children will have no parents if the mother is incarcerated. The social structure theory explains that crime is due to the
Research has shown that race may also have a disproportionate effect on capital punishment and other sentencing. Race and other negative feelings about certain types of people play a significant role in how certain roles of authority treat people, especially in the Criminal Justice system. A judge’s discretion is influenced by politics, which can be a positive factor. With the possibility of these influential elements, a judge’s action may display a genuine concern of the wants and needs for the public in which they are serving. A judge’s discretion can be negative because they may simply be prejudice, which could cause a bias judge to be removed, allowing the opportunity for a new judge to fill the space and public to be treated more fairly in the justice system. Also, since a judge may understand the daily obstacles of the poor, or the mistreatment of justice to minority groups, they have the discretion to decide whether such harsh punishments will be imposed. For example, if a single mother is caught stealing food to feed her children, the judge may not assign a harsh sentence due to the fact that they are surviving on one income and the children will have no parents if the mother is incarcerated. The social structure theory explains that crime is due to the