behalf of the minority population challenging the legitimacy of the modern day Criminal Justice System. These are just two of many statistics‚ which will be discussed later‚ supporting the claim of the minority population that there are issues in the current system; specifically with regard to prosecutorial discretion and racial disparities in sentencing amongst the American people. Prosecutorial Discretion is defined as the authority of the Prosecutor to decide who to charge with a crime‚ what charges
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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
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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
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Week 3 IW “Discretion & Court Cases” Discretion & Court Cases Discretion varies in each profession just as it does in each jurisdiction. It is how a person in an authoritative position conducts themselves and what they do in accordance with their profession and with ethical obligations as well as the law. Disparity is a major player in the terms of discretion which includes Race‚ Ethnicity‚ Gender‚ and Age. First and foremost society has set the mind frame for this which
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Justice is blind. The very essence of this statement explains it all. True justice doesn’t see wealth‚ color‚ or gender. Equality is found in her scales so that her verdict may be fare and balanced. Our Justice System today‚ as we know it‚ has moved farther than its predecessor at the start of this nation. Long are we from witch-hunts and people being burned at the stake. Just a few hundred years ago people were summarily executed with little burden of proof and sometimes no trial whatsoever. Over
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away from the formal court procedures in a criminal matter‚ in other words to prevent children from being exposed to the adverse effects of the formal justice system. In terms of the Child Justice Act‚ diversion is attained in three ways. First of all‚ by way of prosecutorial diversion for minor offences committed. Secondly‚ at the preliminary inquiry‚ through an order of the inquiry magistrate. And lastly during the trial in the child justice court‚ through an order of the court . (ii) Restorative
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mutually exclusive projects‚ we have to consider the following criteria: • The present capital budgeting system ranks projects according to their payback period and average return on investment. Ranking projects is often used in the situation of capital rationing. PBH might have had difficulties in terms of availability of cash‚ which would justify the use of the Payback method. However‚ it’s an old system that hasn’t been revised for years‚ now conditions have changed. Liquidity of the projects is not
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Justice and Authority paper Discretionary authority in the Criminal Justice system Allen Ray CJA/550 April 11th‚ 2011 Discussions in how discretion is exercised in the legal profession often raises debate in the criminal justice system. Discretion is vastly misused in many of the criminal justice fields. Areas such as youth justice‚ sentencing‚ policing‚ and a host of many other legal fields need better understanding‚ interpretation and communication. As with many practices‚ the object
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Discretion In The Criminal Justice System Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge‚ a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus‚ a person
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Explain the role of discretion in the criminal justice system. As a society we believe that offenders should be held accountable for their actions but also treated fairly in the criminal investigation‚ trial process and sentencing. As a result of this‚ the power of discretion‚ that is the ability to choose from a range of options‚ is granted to some authorities ensure some flexibility for decision making within the system‚ enabling a more holistic outcome for all parties involved. The issues
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