Legal - Discretion in the Legal System Essay - 1226 Words

Explain the role of discretion in the criminal justice system. As a society we believe that offenders should be held accountable for their actions but also treated fairly in the criminal investigation, trial process and sentencing. As a result of this, the power of discretion, that is the ability to choose from a range of options, is granted to some authorities ensure some flexibility for decision making within the system, enabling a more holistic outcome for all parties involved. The issues that explore and reflect the role of discretion within our criminal justice system are police discretion, charge negotiation and judicial discretion in sentencing. The first aspect of the legal system in which discretion is used is in the†¦show more content†¦Meanwhile, Don Weatherburn as director of BOCSCAR expressed his concern as he stated; â€Å"it is naà ¯ve to imagine that a young offender, after years of involvement in crime, will suddenly become law abiding†. As a result, police discretion is a very important aspect of prosecuting juvenile crime, as it is clear that in some cases going to court should be the outcome for young offenders. However the role of discretion for police lies in being able to decide which cases and which circumstances warrant the result of court, as opposed to the multiple alternative forms of punishment that police have the power to enforce. A controversial aspect of the criminal justice system is the Crown’s use of discretion when it decides to make charge negotiations. This means that the crown offers the accused a lesser charge should they plead guilty to it. In doing so, the crown benefits from the assured conviction (maintaining peace and security by an efficient means) and the accused benefits from a lesser sentence. However by employing powers of discretion in this case and making a deal with offenders, is seems to be at the expense of victims as there if insufficient retribution. The case of Nannette May (2009) epitomises the concern of victims, as May was not given a chance to give evidence against her attacker due to his acceptance of aShow MoreRelatedLegal Systems : Legal System1037 Words   |  5 PagesLegal Systems Assignment Introduction One cannot deny that although there is an infinite of legal cultures, they are all universally driven to influence societal conduct in accordance not necessarily with morality, rather with the wishes of the lawmakers. Each great legal culture namely common law and civil law express their differences from its history to its political philosophies. Each culture however, were never inflexible nor exclusive and through globalisation, it became inevitable for bothRead MoreClassical Vs. Modern Positivism1371 Words   |  6 PagesThis essay will explore the features of both classical and modern positivism and by critically analysing how Dworkin’s claim that positivism fails to account for the important role of legal principles, is not to a certain extent convincing. Positivist argue that the law and legal institutions depend on depends on its sources, not its merits,’ this is because the law does not exist to depend on the idea of justice or the rule of law. Classical positivist Jeremy Bentham defined law as ‘an assemblageRead MoreThe Public Idea Of Discretion1220 Words   |  5 Pages(2011) describe the public idea of discretion as a very misunderstood aspect of police work, therefore making the public’s opinions of police operations negative in some circumstances. Abdullah and Wells (2011) also highlight Packers crime control model saying that â€Å"A crime control model places high value on efficiency in apprehending and punishing offenders† and â€Å"to operate efficiently the officers must act quickly†. A more concise definition of police discretion is viewed by many law enforcementRead MoreThe Eu And The European Union1385 Words   |  6 Pagesout when the EU has the exclusive competence, while Article 4 explores when competence is shared and it is this idea of competence and the regulations as to when the EU can act which sets it apart from other legal systems. This makes the EU unique in many ways compared to the legal systems of its Member States. The â€Å"British Parliament does not need to have to justify itself† when it makes a decision or new piece of legislation because it has the absolute right to do so. Whereas the EU must haveRead More The Rule of Law Essay1542 Words   |  7 PagesThe rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes thatRead MoreDiscretion And The Criminal Justice1327 Words   |  6 PagesResearch Paper: Discretion and the Criminal Justice Professional Jason Gaffney Saint Leo University Abstract The criminal justice system involve many elements. Some of the major components are the men and women who maintain these as Police Officers, Lawyers, Corrections Officers, and the Judges. For the purpose of this paper, I will be focusing more on Judges. Judges sit upon the bench of the courts and help to ensure that fairness is present during trials. A judge must also enforceRead MoreThe Death Penalty Was Furman V. Georgia Essay1300 Words   |  6 Pagespeople view the death penalty was Furman v. Georgia. This case set up a guide for limited sentencing discretion; this meant that sentencing for the death penalty would become standardized. Essentially in extreme cases, every criminal death qualified would be sent to death row and eventually executed. After disputes after Furman, cases like Woodson v. North Carolina insisted on individualized discretion when discussing the death penalty. Those in favor of Woodson believed that character ad record ofRead MoreCode Of Conduct For Law En forcement Essay1465 Words   |  6 Pages Contents Introduction 2 Police Ethics 2 Corruption 3 Police Corruption 3 Police Discretion in Ethics 4 Code of Conduct for Law Enforcement 4 Types of Police Corruption 4 Ethics in the Courtroom 5 Prosecuting Attorneys 5 Defense Attorneys 5 Ethics in Police Training 6 Closing 6 Introduction Ethics by definition states that it’s the study of morality. Ethics are the basis of our criminal justice system. From the arresting officers who take an oath to serve and protect, to the attorneys andRead MoreExplain What Is Meant by ‘Mechanical Jurisprudence’, and Discuss Hart’s Objections Towards It.1547 Words   |  7 Pagesbefore the law is legislated for in advance, it is just for the judges to apply the relevant law. This concept would insinuate that every case that comes before the courts has been legislated for in advance, leaving virtually no room for judicial discretion. Hart has shed some academic light on the matter. In â€Å"The Concept of Law† he explains that there are two handicaps whenever we seek to legislate in advance. Hart writes â€Å"It is a feature of the human predicament that we labour under two connectedRead MoreDisadvantages Of H. L. Harts Theory1657 Words   |  7 Pages5 Code #316 Jurisprudence is the theoretical study of law1. H.L.A Hart’s version of legal positivism is a legal theory, which describes what the law is, this being the dominant question raised by legal philosophy2. The pivotal tenets of positivism in general are that law is a set of exhaustive rules and the validity of such is due to their method of adoption, not content. This essay analyses the advantages of H.L.A Hart’s theory against Austin’s classical positivism, as Hart’s method brought clarity