Discretion Of The Criminal Justice System - 1509 Words

Discretion, undoubtedly plays a massive role and is implemented in various aspects of the system. But what is discretion? Discretion, as defined in Canadian Criminal Justice: A Primer, is merely the freedom to choose among different options when confronted with the need to make a decision. As significant part of the criminal justice system in Canada, being a police officers â€Å"involves the use of a significant amount of discretion† (McKillop Pfeifer, 2004) . Due to the portrayal of the police by the media, the general public believes that there are certain methods and procedures that officers have to follow where it is clearly stated that if this happen you have to arrest them or if that happens you have to detain the person. In reality, police officers have to put forth their own judgment based on all the other surrounding circumstances which include the presence of a weapon or what the aggravating or mitigating factors were. This act of making a decision based off of th e surroundings is also known as the totality of the circumstance. For example, if a police officer stops a vehicle that was speeding and finds out there is a toddler on board, the officer now has the decision to either arrest the driver and take custody of the toddler or to just let the driver go home safely with a warning involves their own judgment. Nevertheless, discretion does not mean that the officers can completely depend on their judgment; they still have to follow certain guidelines the CanadianShow MoreRelatedDiscretion in the Criminal Justice System1898 Words   |  8 PagesDiscretion 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 personRead MoreThe Police Discretion And Criminal Justice System Essay949 Words   |  4 PagesReforming the Police Discretion Criminal justice system has three main subsystems: police, courts and corrections. Each subsystem has its particular duties, but they work together to meet the goals: doing justice, controlling crime and preventing crime (Cole, Smith, DeJong, 2015). Although this system had been built for a long time ago, continuously, some of its policies need to be reconsidered and reformed to suit the society with various situations. One of the characteristics that exercisedRead MorePolice Discretion And The Criminal Justice System Essay2078 Words   |  9 Pages Police discretion is widely considered a vague term that has an appropriately vague definition. It is defined as the decision-making power afforded to police officers that allows these individuals to decide if they want to pursue police procedure or simply let someone off with a warning (Beckett, 2016). It is an important enforcement option in policing and plays a key role in our criminal justice system here in Canada. Examples of when discretion is used include: traffic violations, youth crimeRead MoreLegal - Discretion in the Legal System Essay1226 Words   |  5 PagesExplain 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 issuesRead More Criminal Justice System Essay1123 Words   |  5 Pagesenforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent. In the United States the criminal justice system is broken down into two models, the Consensus model and the Conflict model. The procedure of achieving justice is comprised on three basic levels: policing, justice, and corrections. The two models of criminal justice system are influenced by a plethora of factorsRead MoreThe Four Goals Of The Criminal Justice System769 Words   |  4 PagesThe criminal justice system was put into place for several reasons. There are four main goals of the criminal justice system that all work together to improve and maintain justice in society. The criminal justice system aims to protect society by preventing future crimes from happening and by keeping criminals from committing more crimes. Another goal of this system is to appropriately punish those who commit a crime after it’s been determined that a crime was committed. In addition to punishmentRead MoreDiscretion Within The Criminal Justice Process1667 Words   |  7 PagesDiscretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. Discretion exists when courtroom actors (police officers, attorneys, judges) have the flexibility to choose an appropriate response to a situation. Police discretion is defined as â€Å"The opportunity of law enforcement officers to exercise choice in their daily activities† (Nowacki, 2015). This means that actors with a great deal of discretion at their disposalRead MoreThe Public Idea Of Discretion1220 Words   |  5 Pages(2011) describe the public idea of discretion as a very misunderstood aspect of police work, therefore making the public’s opinions of police operations negative in some circumstances. Abdullah and Wells (2011) also highlight Packers crime control model saying that â€Å"A crime control model places high value on efficiency in apprehending and punishing offenders† and â€Å"to operate efficiently the officers must act quickly†. A more concise definition of police discretion is viewed by many law enforcementRead MoreSocietal Trends That Impact the Criminal Justice System948 Words   |  4 PagesSOCIETAL TRENDS THAT IMPACT THE CRIMINAL JUSTICE SYSTEM Suzie A. Anderson Everest University Online CCJ 1017-52 Criminology Jamie Onion April 8, 2012 Utilizing everything you have learned about crime and criminal behavior this term, you will now have the opportunity to think about the future of our society and how the criminal justice system should prepare. Identify and discuss the societal trends that will impact the criminal justice system over the next ten years. The societal trendsRead MoreThe Death Penalty Was Furman V. Georgia Essay1300 Words   |  6 Pagespeople view the death penalty was Furman v. Georgia. This case set up a guide for limited sentencing discretion; this meant that sentencing for the death penalty would become standardized. Essentially in extreme cases, every criminal death qualified would be sent to death row and eventually executed. After disputes after Furman, cases like Woodson v. North Carolina insisted on individualized discretion when discussing the death penalty. Those in favor of Woodson believed that character ad record of