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Discretion

By:   •  December 16, 2017  •  Research Paper  •  648 Words (3 Pages)  •  1,098 Views

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Discretion is used in every portion of the criminal justice process in one way or another (Samaha, 2015). Every Criminal Justice professional could let the case slide and not push it to the next level based on their professional opinion and experience. Discretion can be seen as characterized into a plethora of different types of groups such as managers, the public, and the singular police departments employing diverse stages of influence in running an organization (Davis, 1975). Police discretion naturally needs a vital enigma that will aid police officers in circumstances where decision-making skills are necessary after all the additional strategies don’t work. Police discretion alongside with power has remained used destructively for ages but presently it appears to be inferior or at minimum apparent like that because the cause of the media. Law enforcement officers has a choice above who they take into detainment and are proficiently skillful to command a method as it goes toward completing their obligations (Ortmeier, 2005). Police officer’s profession is difficult to systematize the occupation. Discretion is required for their job to be done most effectively. The position of police officers is way more obscure to go out to be completely consistent, but role is likewise abundant moreover serious and significant to be absent wholly to the choice of the police officers (Peak, 2011). Police discretion can lead to many errors which makes individuals from outside of the law enforcement agency force feel that similar approaches should be a specific established norm for all the law enforcement agencies.

When criminal justice authorities are doing their job on a daily basis, they depend on their specialized preparation and knowledge to convey out the Constitution’s guidelines (Samaha, 2015). Everyone in the criminal justice process as the ability to use their discretion in every circumstance unless it’s clearly in the Constitution. They have the ability to let the case slide and push it off to the side as a warning. This includes investigators, police, and even the judge. Individuals in particular areas only see police discretion as corrupt but discretion have both its good and bad (Ortmeier, 2005). The optimistic share that arises from police discretion is the chance for officers to take care of circumstances on the lowest level without assistance from their boss all the time. That can consist of individuals getting notices rather than receiving tickets. A verbal counseling can work in certain instances and it gives officers the capability of accomplishing that.

While jails and prisons are overcrowding, officers are obliged in exhausting police discretion in minor offenses. Every stop cannot lead to an arrest. Sometimes officers have to give a oral warning to individuals to ensure that prisons are not being full of people with minor crimes. You can sort of look at warning such as a slap on the risk but sometimes that can lead to a positive change. That is only positive when working with people who may not deserve to go to jail. The negatives of police discretion are as simple as the discretion being based of each individual point of view. That leaves room for a lot of issues like the ones going on in the world right now. Police discretion leaves room for a lot of discrimination. One person may get a warning for a traffic infraction while another person may not get the same warning while they both have the same driving record. Discretion will be different for everyone. Letting criminals go can come off as lazy and unsafe. Little situations that are overlooked can also lead to bigger problems.  

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