Why is discretion in the application of the law important

Why is discretion in the application of the law important

Why is discretion in the application of the law important

Why is discretion in the application of the law important? What are some problems that can emerge when discretion is used?

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A series of subsequent decisions are made by police officers, judges, prosecutors, and other parties after the choice to classify some actions as criminal. As a result, both in a collective and organizational sense, the objective ideal is superseded by individual personal judgment. This happens as a result of the bureaucratic organizational structure of the criminal justice system. Formal rules that govern these structures are generally implemented informally. Why is discretion in the application of the law important

The perception of the implementers’ roles, their ideological leanings, and their demographics influence how rules, regulations, and the law are applied. Better regulation of discretion will be possible with a greater understanding of its function, successes, and shortcomings. Such decisions have a high potential for being arbitrarily and capriciously made, which is their primary disadvantage. Additionally, the internal values, objectives, and purposes of the various system components have a significant impact on a lot of decisions.

Politicians and the general public both have an impact on how the criminal justice system functions through their interactions with one another and with it. In a democratic society, where laws only serve as a foundation for action and do not themselves define it, complex interactions like these are to be expected. There are comprehensive analyses of discretion in each system component as well as chapter notes. Why is discretion in the application of the law important

Editors Lloyd Ohlin and Frank Remington emphasize the critical role of discretion in the operation of the criminal justice system (CJS) in their account of the American Bar Foundation survey of 1953–1969 (Ohlin and Remington 1993). They characterize the CJS as a convoluted network of interconnected actors who handle cases involving suspects in criminal offenses. The term “system,” according to Samuel Walker in 1992, may be misleading because the police, courts, and corrections are largely independent of one another, even though each group of actors’ actions unquestionably affect the others. Why is discretion in the application of the law important

The American Bar Foundation survey was expanded upon by Katzenbach 1967 and the President’s Commission on Law Enforcement and Administration of Justice by describing the intricate web of connections between these actors. For instance, sentencing policies and practices have an impact on the actions of police and prosecutors even though judges can only use discretion in cases involving arrested offenders who are charged with crimes. Sentencing policy deserves to be treated as a driver of discretion because it is important to the use of discretion in general. Why is discretion in the application of the law important

The 1983 landmark review of sentencing by the National Research Council provides the first systematic evaluation of sentencing goals, policies, and the disparity and discrimination that can result from a lack of agreement on the fundamental goals of sentencing. Two additional classics on discretion are also included here:

first, Dworkin’s 1977 treatment of the topic, which makes a distinction between the routine use of discretion and the more contentious use of discretion to change policies viewed as misguided; and second, Gottfredson and Gottfredson’s 1988 book on discretion, which provides a careful analysis of the fundamental aspects of discretion and how it can be effectively used to enhance the efficiency of the criminal justice system. Why is discretion in the application of the law important