Discretion in Justice System

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Submitted By ljbanz
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Discretion is judgment, and in specific to the criminal justice system, the judgment exercised by applying principles, values and facts. The discretion of police and judges is of paramount importance but in reality, discretion is used from the planning of the crime by the offender, reporting the crime by victims and witnesses, to police investigation, the DPP role in taking the case to court, charge negotiation and judicial discretion. The rule of law is the basic premise that govern and guide the criminal justice. The rule of law create equality among everyone including authorities, criminals and accused. The police have a lot do with discretion under the justice system since they face different situation every day and no situation is the same. There are two type of police discretion which are individual and command. Individual deals with the police and command is the handle with the police administrator. Since no two situation are the same, most police use their judgment to solve the situation. A prosecutor have a lot to do with discretion too since a criminal may need a plea bargain, investigate if the accuse is guilty or not guilty. Whether to charge an accused or not to charge an accused is a critical factor in the discretion of the justice system. Also, do the accuse get a plea bargain and what are they offering and what will they get. The judges have a lot to do with it as well, from the individual release, sentence and what evidence to allow in the courtroom. Discretion includes, the bail, sentencing, releasing decision, pretrial motion and trial. The cost and benefit of discretion are now been evaluate because some court case can cost the justice system more than its worth. But at the end, the main focus is that the individual is given a fair…...

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