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Running head: Discretion in the Criminal Justice System

Discretion in the Criminal Justice System

David B. Whiteside
University of South Carolina Lancaster

Discretion in the Criminal Justice System

Abstract
Discretion is used daily in various levels of the criminal justice system and the government.
Discretion deals with the perspective of law enforcement officers, lawyers, and judges.
Discretion could not operate without discretionary issues. Law enforcement officers, prosecutors,
and judges or magistrates are all vital parts of how criminal discretion works in the criminal
justice system. All three play a specific role in using discretion in the criminal justice system;
however, each one has a different discretionary role.
Discretion in the Criminal Justice System
According to the Bureau of Justice (N.D.), Discretion is an authority conferred by law to
act in certain conditions or situations in accordance with an officials or an official agencys own
considered judgment and conscience. Discretion allows for some loose interpretations of laws,
which is just like loose interpretation of the constitution. Discretion is the basis for decision
making in the criminal justice system. The limits of discretion are varied based on the
jurisdiction. According to the Bureau of Justice (N.D.), The limits of discretion vary from state
to state and locality to locality. In order to prove beyond a reasonable doubt that discretion is
exercised fairly government authority is given to professionals. According to the Bureau of
Justice (N.D.), Persons who have the duty of dealing with the daily response to crime are
supposed to exercise their own judgements within the limits set by law. The persons with this
task must decide whether to take action, where the situation fits in the scheme of law, rules, and
precedent, and what the appropriate official response is.
Law enforcement officers have various specific duties that include enforcing laws,
investigating crimes, search and seizure, and making arrest. Due to the fact that no two people

Discretion in the Criminal Justice System

are the same there is a lack of consistency when officers use discretion. This lack of consistency
is also due to the fact that no two crimes are just alike. According to Rynard Law (N.D.),
Officers are all different and exercise discretion differently. Because each officer acts differently
in any given situation, the public does not know exactly what behavior they can expect from an
officer and what behavior the officer expects from them in the situation. Discretion is ultimately
up to the perspective of the law enforcement officer; however, the officer does have a support
system such as his superior officers, chief, and certain guidelines stated in the states code. Law
enforcement officers being able to use discretion is vital because it allows for the officers to
make quick decisions in situations where rapid decisions are needed.
Discretion is affiliated with every career in the criminal justice system. Prosecutors or
Solicitors, in the state of South Carolina. Prosecutors or solicitors have various distinct jobs that
they perform in the criminal justice system. The main task that prosecutors or solicitors do is
seek indictments, which means they are seeking a conviction of someone who committed a
crime. They also will drop cases if they do not think they can gain a conviction. They use to
discretion in order to reduce charges and negotiate plea bargains. Prosecutors or solicitors also
file charges or petitions for adjudication.
Judges or magistrates play a vital role in discretion used in the criminal justice system. A
magistrate signs law enforcement warrants, so it is with the magistrates discretion that a case
either begins or is stalled until more evidence is discovered. Magistrates also set bail or the
conditions for release. Judges or magistrates also accept pleas and dismiss charges. They also
impose sentences and revoke probation.

Discretion in the Criminal Justice System

Bibliography

Bureau of Justice, (N.D.). The Justice System. Retrieved from

http://www.bjs.gov/content/justsys.cfm
Rynard Law. (N.D.). Police Discretion. Retrieved from

http://www.rynardlaw.com/Pages/PoliceDiscretion.aspx
Kessler, Daniel (N.D.). Discretion in the Criminal Justice System. Retrieved from
http://ideas.repec.org/p/nbr/nberwo/6261.html