CRJS315

CRJS315-DB4 Name Class Date Professor

CRJS315

CRJS315-DB4 Discretion is the authority to make decisions while in the field. All members of the criminal justice system are afforded the discretion to make decisions concerning the criminal justice process. The investigation and arrest stage are the responsibility of the police. The police identify criminal suspects in society and then conduct an investigation in order to gather enough evidence to prove the guilt of the criminal suspect. Police have discretion in selecting criminal suspects in society and in deciding who will actually be arrested. For example police can arrest juvenile offenders or place them in the custody of their parents. In the pretrial and trial stage the prosecutor has the authority to make decisions that pertain to the criminal defendant. These decisions involve the discretion to determine what suspects that have been arrested will actually be charged and the discretion to offer defendants plea deals. In the trial stage the judge has discretion to rule on motions in front of the court and has limited discretion in sentencing the criminal defendant that is found guilty in a court of law. The judge has discretion in the appeal stage in determining if they will hear a case and in the ruling the make concerning the case. Police need a certain amount of discretion to go about their duties and ensure their safety and the safety of community members but that discretion should be limited in the selection process to include only suspects displaying what could be reasonably considered criminal behavior. Broad discretion has resulted in racial disparities in police contact. Prosecutors should be more limited in their discretion concerning the plea deal (Gee, 2010). In current society the prosecutor has sole discretion to determine who will be tried, whose is guilty, and what sentence they receive. This broad discretion should be more limited. The power of discretion of the judge, however, should

CRJS315

be expanded. In current society judges are limited to sentencing guidelines established by state legislation.

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References Gee, H. (2010). Weighing Prosecutorial Power and Discretion: Fixing the Imbalance. Retrieved March 2, 2013 from http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1048&context=vulr&sei-redir=1&refer