For example, a traffic violation, the police officer may simply issue a warning.In fact discretion can be found in all stages of the criminal justice system.Tags: Anthology Essays BartholomaeIntuit Business PlanTexts In Time Frankenstein Blade Runner EssayOutline For Senior Project Research PaperUsing Outlines To Write EssaysQuoting A Line From A Book In An EssayWriting An Introduction To A DissertationDescriptive PapersEducation Thesis
A person chooses to utilize his or her options and decides which to use, whether this is a police officer arresting a person on the street (criminal) or evicting someone from an apartment (civil) or anywhere in between.
There are some arguments that implementing discretion overrules or weakens the rule of law.
The suspect/the accused has the discretion to obtain a lawyer, how they will plead and to accept a plea bargain.
The prosecutor has the choice (prosecutorial discretion) to prosecute a case or drop the charges as well as suggesting plea bargains.
Officers' experience in different surroundings affect the way they react to service calls.
The economic status, poverty level, race and ethnicity influence the officer and how he sees and reacts to his surroundings.Some view discretion negatively, while some view it positively.Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats.This is a good example of how and why police are able to use discretion in the performance of their duties.Different environments and neighborhoods provide different levels of dangers and greater levels of crime taking place than others.Judges also have discretion in the grant or denial of certain motions, e.g. Prosecutors have a huge discretional role in the criminal justice process.They have the ability to initiate and terminate all criminal prosecutions.The judge has discretion every time an objection is raised or evidence is given. These examples are only a small cross section of the chain of choices that is criminal law.One article shows that when officers respond to a call for service, if an area has a high rate of Black or wealthy citizens then it significantly affects the officers' decision to downgrade a crime or incident reported.On the one hand, all people should be treated equally regardless of race or economic status.On the other hand, officer and public safety are the most important duties for an officer.