1. Discretion is foundation of the criminal justice system. Discretion is when the effective limits on a public official’s power leave him or her free to make a choice among a number of possible courses of action (Gaines‚ 2011 p.219). Police discretion is the power or authority that is given to a police officer to act officially in a manner that appears to be just and proper under the presented circumstances. Discretion is not doing as you please. Discretion is bounded by norms (professional norms
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Introduction It is not always clear why a criminal justice system is needed or indeed what it contributes to the functioning of a society. In the discussion that will follow‚ it will be argued that there are essentially four reasons why we do need to have a criminal justice system. First‚ it upholds the freedoms of individuals and maintenance of public order. Second‚ a criminal justice system instils fear in people and thus deterring illegal activities. Third‚ a good justice system provides
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Protecting Our Community Brittany L Turner English 093 Summer 2012 Ivy Tech Community College Protecting Our Community Introduction The number of registered sex offenders have increasingly grew over the years. Every day you see a man or women added to the registry for crimes against women and mostly children. The sex offender registries biggest and main focus is to keep the people in the community in each city and state informed and protected. ”Sex offenders and sex crimes provoke
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Inchoate Offenses I believe criminal liability and punishment for inchoate offenses is indeed fair. An inchoate offense is “a criminal act that goes beyond mere thought‚ but occurs before the substantive criminal act is completed” (Wallace & Roberson 2008 p.63). Also called preparatory or incomplete crimes‚ the acts involve the impulse to commit‚ or indirect participation in‚ a criminal offense. It is in society’s best interest to punish crimes that have not been fully carried out. This is so “injuries
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asked for additional time to complete the assignment. -Professor Skinner admitted he would have given an extension had Simpson asked for one. Issue: Does Professor Skinner have the discretion to deduct an arbitrary number of points from a late assignment? Holding: Yes‚ Professor Skinner does have the discretion to deduct an arbitrary number of points from a late assignment. Reasoning: The court cited that the fact that Simpson neither read nor understood the Syllabus Acknowledgement is irrelevant
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act at his discretion. The council of ministers is collectively responsible to the state Legislative Assembly. All the executive powers are exercised by the cabinet in the name of the Governor who acts constitutionally on the advice of the council of Ministers. The constitution‚ however‚ specifically lay down that except in matters where the Governor is required to act in his discretion‚ he shall not be bound to follow the advice of the council of Ministers‚ but act in his discretion. If any
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be addressing are those of Ronald Dworkin and Antonin Scalia‚ who are known for disagreement amongst their constitutional views. On the one hand there is Scalia‚ who labels his position “textualism”‚ where judges are encouraged to stray away from discretion and make clarifications to vague statutes in a commonsensical
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Two Models of the Criminal Process HERBERT L. PACKER Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer‚ with the permission of the publishers‚ Stanford University Press. ( 1968 by Herbert L. Packer. In one of the most important contributions to systematic thought about the administration of criminal justice‚ Herbert Packer articulates the values supporting two models of the justice process. He notes the gulf existing between the "Due Process Model" of criminal
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“With regards to evidence obtained by entrapment and undercover operations‚ critically discuss the relationship between judicial discretion and the power to stay proceedings as an abuse of power” This essay will critically examine entrapment in the light of judicial discretion and the courts power to stay proceedings. It shall also critically discuss the relationship between the two. The increasing use of entrapment within criminal law may be viewed as part of a global trend in investigations
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Seriously” and “A Matter of Principle‚” Dworkin provides an outstanding account of how judges should adjudicate hard cases. In presenting this account‚ he examines the discretion thesis. This thesis serves as the mechanism by which members of the judiciary should decide the most difficult of cases by establishing new law in the exercise of discretion. Dworkin assesses this thesis as evident in his comments as excerpted – “The set of these valid legal rules is exhaustive of ‘the law’‚ so that if someone’s
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