What is discretion in criminal law?

What is criminal discretion?

Discretion is the means by which actors in the criminal justice system substitute their own judgment, interests, or objectives for formally specified statutory punishments in order to influence criminal justice outcomes.

What is meaning of discretion in law?

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 important in criminal justice?

Prosecutors have a huge discretional role in the criminal justice process. They have the ability to initiate and terminate all criminal prosecutions. They have to use discretion to weigh the rights of the accused, the feelings of the victim, and the capacity of prisons when determining a proper punishment.

How does discretion impact the criminal justice system?

Officers must use discretion when deciding to enforce the law when certain situations arise. For instance, unclear laws, nuisance behavior, ambiguity in state statutes, moral standards, and outdated laws may cause an officer to have an alternate resolution to the problem.

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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.

What is the biblical definition of discretion?

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.

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’s another word for discretion?

In this page you can discover 76 synonyms, antonyms, idiomatic expressions, and related words for discretion, like: thoughtfulness, sound judgment, foresight, wisdom, tact, forethought, responsibility, caution, mature judgment, circumspection and carefulness.

How do you use the word discretion?

Discretion sentence example

  1. The boss, at his/her discretion , may rotate the crew. …
  2. It will be at the discretion of the moderators. …
  3. In exceptional circumstances then this rule may be waived at the admin’s discretion .

What is the purpose of discretion?

Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns, or it serves as the means by which internal social norms of the criminal justice system prevent the …

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What is an example of prosecutorial discretion?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file. … An example of this is a police officer letting you go with a warning when they could have charged you with speeding.

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.

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.

How do you develop discretion?

To develop tact, use the following strategies:

  1. Create the right environment and think before you speak.
  2. Determine the appropriate time.
  3. Choose your words carefully.
  4. Watch your body language.
  5. Never react emotionally.

What is judicial discretion and what is its purpose?

Judicial discretion refers to a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.

Legality