Discretion And The Criminal Justice - 1327 Words

Research 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 enforce court procedures and decide issues of law. Along with these proceedings a judge will have to use professional discretion, but when does the use of professional discretion cross ethical boundaries? During this paper we shall also address this question. Judge Roles Judges play a key part in overseeing and making decisions on some court room matters. Their duties also include adjudicator and negotiator. As an adjudicator, Judges must act as a neutral mediator between parties. They must make sure laws are upheld and that the accused receive a fair due process. As adjudicator they can use some level of professional discretion. Judges will also hear and review negotiators made between prosecutors and defense lawyers. These deals consist of bail circumstances, jail time, and plea deals. Judges interpret the laws, review evidence presented, and manage courtroom operations. Judges must remain impartial when making verdicts in the pursuit of justice. Judicial Ethics ToShow MoreRelatedDiscretion Of The Criminal Justice System1509 Words   |  7 PagesDiscretion, undoubtedly plays a massive role and is implemented in various aspects of the system. But what is discretion? Discretion, as defined in Canadian Criminal Justice: A Primer, is merely the freedom to choose among different options when confronted with the need to make a decision. 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The issuesRead More Criminal Justice System Essay1123 Words   |  5 Pagesenforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent. In the United States the criminal justice system is broken down into two models, the Consensus model and the Conflict model. The procedure of achieving justice is comprised on three basic levels: policing, justice, and corrections. The two models of criminal justice system are influenced by a plethora of factorsRead 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. 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