Ivey Brandon 5-5-08 Professor Dikes Discretion Essay No two people in the world are identical in every way, this fact also applies to crime. The cause of crime can range from anger, defense, greed, and many more other circumstances. With these emotions attached to particular crimes some might seem justified to others and is why some trials end with hung juries and can have several appeals. With different components in the criminal justice system all severing an individual purpose to justice. It is important that they have options on how to use their authority. However this can also have negative side effects because of people abusing their power for personal gain. This causes people to lose faith in our justice system . The law enforcement component of the criminal justice system is to catch and apprehend violators of the law in order for them to be handed over to the correctional phase for further processing. On their daily patrol officers have to be ready for any situation. The crimes they will respond to will range from petty crimes such as shop lifting all the way to murder or armed robbery in progress. If an officer has to deal a young child shoplifting who does not pose a serious threat to the community, there is no reason to waste time and man power to put the child in the system. In stead the officer can take the child to their home, or hold them until a guardian arrives to retrieve them and is informed about their child's activities. While holding a child the officer might take them on a tour of the jail to show them the reality of what a life of crime will lead to. Discretion also plays a part in how much force the officer is granted to use and how evidence is obtained. Unfortunately police might deter from their job statement and indulge in the life style of the criminals they apprehend. Corruption is a serious problem in the criminal justice system people it has the power to cause serious security breeches and cause months of intensive investigation become completely worthless. Police corruption ranges from grass eating, which is taking small bribes by citizens trying to escape arrest or persecution. There is also the meat eating version of corruption which is not as common as grass eating but the degree of corruption is greater. Meat eating is when the officer actively seeks opportunities to make
money through the use of threats and other methods of intimidation to make their clients happy or until their own goals are accomplished. The discretion applied to the court room is more important than discretion the on the street because it has more impact on the person accused of a crime and society as well. The judge makes sure that the proper proceeding are followed and that the players of the court room perform their role. Lawyers for both sides of the case have certain professional rules to follow or the act of disbarment may follow. The prosecutor has discretion in which case they are going to pursue in a criminal court. The positive side of this is that if somebody was not aware that they were actually committing a crime or the crime was committed out ignorance instead of intention, then the prosecutor can stop technically innocent people from doing time behind bars or paying hefty. Fines. As with any positive side of a choice there is a negative to go along as well. One of the main concerns of keeping discretion in check is to make sure that the friends, political, and professional associates of the associates of the prosecutor getting of free event though they have seriously violated the law and exploited the hole in our justice system that will allow for high level corruption to continue in the system. After an individual goes through the correctional phase they are ready for sentencing, which will be how they will pay for the crime whether it be through fines, time behind bars or a combination of both. The discretion in this component depends on age, record of offenses, and the circumstances of the crime. Some forms of sentencing might just serve the purpose of making the offenders realize the direction their lives are headed and that is when shock incarceration is used for juvenile offenders. This and other intermediate sentences can be more harmful than beneficial. When mandatory sentencing is enforced like in three strike cases, all discretion is taken away from judges when sentencing, and the person is required to spend a certain time behind bars. Many people are being locked away for 25 years to life for non violent crimes. This cause for citizen to call for reform in attempts to make the justice system more efficient. With many elements leading to a crime being committed it is important to look at all the circumstances behind it. That is why discretion is so important from apprehending the accused all the way until that person is released or sentenced. Not every person brought before a judge is a hardened criminal and does not deserve to be treated as one. This serve the most element
of discretion which is to make sure that justice is administered appropriately to all individuals.