it serves as the means by which internal social norms of the criminal justice system prevent the implementation of formal changes in laws. … In this case, discretion is the means by which prosecutors seek to maximize punishment, subject to the constraints of laws (e.g., Altshuler, 1968; Easterbrook, 1983).
Why is discretion important in courts?
Judicial discretion gives courts immense power which is exercised when legislature allows for it. … Judicial discretion is granted to the courts out of recognition of each cases individuality, and as such, decisions should be based on the case’s particular circumstances rather than a rigid application of law.
What does discretion mean in criminal justice?
Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.
Why is discretion needed?
The use of discretion allows the police officer the flexibility necessary to perform his job. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination.
How discretion is exercised throughout the criminal justice system?
Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.
Do courts exercise discretion?
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it.
Is it important to allow judges discretion in their sentencing decisions?
“Judicial discretion plays a pivotal role in the sentencing process. It is the judge’s role to take all relevant factors into account and give a right and just sentence for the offender, the victim, and the community…
What is an example of discretion?
Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. … All the decisions were left to our discretion.
How discretion affects your decision making?
Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. Only the Constitution, through judicial enforcement, can limit discretionary decision making by legislative bodies to pass laws. …
Is police discretion good or bad?
Every person, no matter how minor their offense might be, would get arrested and taken to court to face charges without this presence of this principle. That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied.
What does it mean to maintain discretion?
The word “discretion” comes from the root word, “discreet,” which the Oxford English Dictionary describes as “careful and prudent in one’s speech or actions, especially in order to keep something confidential or to avoid embarrassment.” Discretion involves the choices you make to be careful in what you say or do.
What is discretion and why is it important?
When people in a company or organization are responsible for deciding when or how to perform certain tasks or aspects of the work, based on their knowledge and ability to judge, the responsibility for the decision is said to be at their discretion.
What is the difference between judging people and using your discretion?
If in their judgement it does then they have discretion as to whether or not to allow it. If in their judgement it does not then they have no discretion and must allow it. An appeals court can examine the use of judgement but not the use of discretion.
What are the 4 C’s of the criminal justice system?
The justice system’s major components—police, courts, and corrections—prevent or deter crime by apprehending, trying, and punishing offenders. Police departments are public agencies whose purposes are to maintain order, enforce the criminal law, and provide services.
What does discretion mean?
2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. 3 : ability to make responsible decisions.
Do Lawyers use discretion?
Lawyers therefore have discretion — but, the Article shows, no duty — to aid clients in some activities that are illegal. Lawyers must exercise that discretion responsibly, even where no legal sanction or penalty would apply.