Preview

Prosecutorial Discretion Case Study

Good Essays
Open Document
Open Document
254 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Prosecutorial Discretion Case Study
It is a fact that prosecutorial discretion under American law, government refers to prosecuting attorneys having almost complete possession of controlling influence (Fairfax Jr., R. A. (2011). However, prosecutors with allowable proof beyond a reasonable doubt might refuse to seek a conviction. Nevertheless, declinations are sometimes established in legitimate law enforcement principles, for example, the absence of ample social control resources. A prosecutor, however, might decrease a commendable prosecution simply because of the fact he or she disagrees with the appropriate law or its application in the particular case. Even though the prosecutorial is not really reviewed or checked and maybe abused it is necessary to an efficient operation

You May Also Find These Documents Helpful

  • Better Essays

    Chapters 5-9 Study guide

    • 2328 Words
    • 10 Pages

    1. Prosecutors do have discretion as to which suspects to charge with an offense but under a great deal of…

    • 2328 Words
    • 10 Pages
    Better Essays
  • Satisfactory Essays

    Sheriff's Case Analysis

    • 449 Words
    • 2 Pages

    The irony of the case centers on the sheriff’s campaign promises to return integrity to the office of sheriff. In an interview with the Palm Coast observer on October 24, 2012, while Manfre was a candidate for sheriff, he stated ““violated the public trust. … You’re not supposed to use your position to get things other people cannot get. … He’s the sheriff; … ignorance of the law is not a defense” referring to the incumbent sheriff. The demise of Donald Fleming, the previous sheriff, was due in part to a sustain ethics violation while in office. Manfre, shortly after taking office, changed the sheriff’s office mission statement to reflect the work of the office would be done with accountability, integrity and respect (Flagler Mission, 2013).…

    • 449 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The domain of prosecutors has been extended to provide greater authority. An example of domain expansion of the prosecutors is improving police-prosecutors relationships. Truthfully, police officers and prosecutors are looked at as the bad guys in the eyes of the public. They are both to serve justice, even though they have different perspectives on the law. For example, the police officers consider a case to be closed when the suspect is arrest, but the prosecutor needs obtain more information and evidence to win the case in court. Prosecutors depend off of the police to obtain a conviction; this all depends on how the police officers investigate and the quality of their arrests. Although both police officers and prosecutors have sought strategies…

    • 261 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    It is somewhat an oxymoron to consider yourself a prosecutor and a good person. Paul Butler writes describing the discrepancies with progressive prosecutors who believes they are able to change the “definition” of a prosecutor. Butler defines a prosecutor as someone one who is “more part of the problem than the solution” and a person who is “geared toward punishing people whose lives are already messed up.” Furthermore, Butler qualifies his definition of a prosecutor by saying the job of some prosecutors is to “mitigate the harshness of the system.” This is a failed attempt to mend the system because their principal work applies the criminal laws instead of ameliorating its negative effects.…

    • 1112 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Today, there are two main competing models of justice, the Due Process Model, and the Crime Control Method. The Due Process Model (DPM) is known as obstacle course justice with an ideology that relies on the formal structure of the law and legal guilt. The DPM’s primary goals are to protect the due process rights of the accused and limiting the powers of the state. It runs completely with an underlying assumption of innocence, making it not so effective at all times. The Crime Control Method (CCM), on the other hand is known as assembly line justice. It has an ideology that centers on efficiency and effectiveness of the system and factual guilt. The CCM’s primary goals are to protect society from crime and to control the behavior of the community. This process uses and informal fact finding process through the police and prosecutors. Also contrary to the DPM the CCM operates under a presumption of guilt. The CCM of justice is focused on detaining the accused and securing convictions, making it very effective in preventing crime however somehow you have to step on some toes. These two models and methods occur all the time in the criminal justice system we see today, and there is much controversy behind which process should dominate. In 1984 Sherman and Berk published their overall case study on “The Specific Deterrent Effects of Arrest for Domestic Assault”. This study supported a more CCM ideology of justice. However in 1988 Binder and Meeker published an article critiquing the methods and conclusions of the original study, offering a counterpoint.…

    • 1012 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Discretion In Cjs

    • 584 Words
    • 3 Pages

    Discretion plays an indispensable role in the criminal justice system (CJS). Discretion is the judgment or decision implemented through values, facts, and principles. In the CJS, it is the authority given to a decision maker to decide between alternatives or no alternatives. Discretion can be used by police in the area of the criminal investigation process. Its role is continuous from sentencing judgments to the point of detaining offenders in prison past their sentencing period. Discretion also allows individuals’ circumstances to be considered, as the law at times can be considered a blunt measurement in delivering an alternative. This demonstrates that discretion plays an important role in the CJS to enforce the law, whilst taking into account the rights of individuals.…

    • 584 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Within the criminal trial process, natural tensions ordinarily occur between all participants and procedures of which the system operates, for example Investigation, Trial and Sentencing are three key processes within the criminal justice system that require an appropriate amount of discretion in order to properly and lawfully achieve justice.…

    • 453 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Prosecutorial Discretion is the prosecuting attorney having complete authority on the turnout of a case. The prosecuting attorney has discretionary power over matters that involve "whether or not to bring criminal charges, deciding the nature of the charges, plea bargaining, and sentence recommendation" (U.S. Legal Inc, 2016, p. 1). Prosecutors are not obligated to take a victims accusations and represent it in front of a jury. However, the prosecutor is obligated to listen to the story, analyze the evidence, and then decide if they want to move ahead with the case (Bazelon, 2006, p. 2). The discretion comes into action when the prosecutor has analyzed the evidence and learns whether or not the case can be won with the evidence provided.…

    • 633 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Police discretion in law enforcement has always been a hot topic with the police and the community. The community thinks the police do not use enough discretion and the police think they use too much discretion. In my opinion I believe that the police should use discretion when they can. The police make very hard decisions on a daily basis and you do not want the police officer to rush into a decision where he either has to shoot, or has to talk you down. Discretion is a very important tool used by law enforcement.…

    • 542 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Police discretion refers to the most significant decision an officer faces when distinguishing guilt from innocence (Sekhon, 2011).…

    • 191 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Police officers in the United States and around the world have an extremely hard job both physically and mentally. Police discretion is a tool that officers use every day on their jobs (Odom 2009). It is a decision making process where the officer deduces from the situation and observation the best solution. For example, an officer pulls over a driver for running a red light. The officer must decide whether or not to issue the driver a citation. If the officer feels the driver isn’t intoxicated, or a danger to others, the officer may let the driver go with just a warning. The officer might pull over another car for the same thing, but issue the citation because the driver was a danger to other drivers on the road.…

    • 576 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Police Discretion

    • 689 Words
    • 3 Pages

    Should all police officers of America be advised to enforce the law equally in all situations? Before a justifiable response, let’s create a scenario; a full grown man in his early twenties is walking in a residential neighborhood, carrying a baseball bat and smashing car windows. Authorities have been called and the man is obstructing both officers that arrived in a squad car- the man is swinging the bat in the direction of the officers and is creating a threat to their lives. Now let’s compare this with the same scenario, except it is an elderly woman doing the same thing. First, the age difference of the perpetrators should be taken into consideration. In both scenarios, technically the officers’ lives are in danger, but does that give them the right to use deadly force in both situations? A man in his early twenties is typically very strong and could create catastrophic damage to both officers, even if they were trying to take him to the ground, using martial arts take-downs. An elderly woman is typically very fragile and could be taken down more quickly using martial arts take downs. A young man is more likely to survive a gunshot wound to the body- an elderly woman is not. So should police officers truly be advised to enforce the law equally in all scenarios? The answer is, absolutely not, because it creates a zero tolerance policy.…

    • 689 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Criminal Court Case Study

    • 919 Words
    • 4 Pages

    Criminal court cases often require critical thinking and analyzing. From anything to petty theft and murder require specific amounts of justice or discipline so to speak. After reading the Case of Mary Burnett and analyzing the testimonies I believe the defendant should be found not guilty on charges of 2nd degree murder.…

    • 919 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Police Discretion

    • 2121 Words
    • 9 Pages

    Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situational situations with individuals (Sherman, 1984).…

    • 2121 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Wrongdoing The Prosecutor

    • 274 Words
    • 2 Pages

    The position of the prosecutor is powerful through the broad discretion the office holds. “The local prosecutor has been called the single most powerful figure in the administration of criminal justice” (Goelzhauser, 2013). Therefore, it would be unethical to destroy evidence of a defendant’s guilt. The main duty of a prosecutor is to see justice being achieved and the destruction of evidence goes directly against the pursuit of justice and public safety. The use of improper prosecutorial methods would fuel the already unsteady relationship with the public and being tempted to use this power for wrongdoing would greatly tarnish professionalism, justice and trust in the legal system.…

    • 274 Words
    • 2 Pages
    Good Essays