Essay Topics Regarding Judge Discretion

Analysis 09.10.2019

And finally, I will end this paper with my personal opinion as well as a judge conclusion Discretion can be very dangerous topic ridiculed or judged in the eyes of the discretion. Crim Law 2 Essay penalty, as well as reducing the essay culpability regarding murder to manslaughter.

Police officers are faced with having to use their own beliefs to act upon situations they are faced with. In police discretion was discovered by the American Bar Association and since then it has been an important problem in the criminal justice system. I will also define legality and equity and how they relate to police corruption and discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years. Police corruption weakens the public 's confidence in law enforcement officers. It also hinders the effectiveness of law enforcement officers whose job is to serve and protect However, it is always appropriate to use discretion no matter which one of the follow jobs a person is doing. Now, I feel that as a police discretion should only be used when an officer has to make a quick life or death decision or when it comes to helping someone. Just as citizens can decide to obey the laws or not, police agencies and their officers can decide which offenses to actively seek to control and which offenses to simply ignore, which services to provide and what level. The ability to use discretion is, indeed, a vital element of contemporary American policing. The police have so many duties to perform and such limited resources that good judgment must be exercised in when, where, and how they enforce the law Even though a grand jury may not choose to indict, a prosecutor may still bring the defendant to trial if she thinks she has a strong enough case. However, the grand jury proceedings are often a valuable test run for prosecutors in making the decision to bring the case Gifford Pinchot had envisioned local foresters managing lands with ideas and guidelines that have been developed with modern science and conservation in mind. Police have the choice to enforce certain laws and how they will be enforced. Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. This dilemma is an aspect of police discretion and an example of the choices that officers are forced to make. Police officers have discretion when confronted with choices such as whether or not to charge an individual, how to handle certain situations, or whether to accept a gratuity. This purpose of this article is to inform readers that police discretion not only encompasses use of force, police profiling, or domestic violence responses, but that police officers also have discretionary choices when gratuities are offered to them For example, officers exercise discretion by deciding how to respond to domestic violence when a situation involves a fellow officer. America is a country in which many believe in privacy within the household and often choose not to be involved in a domestic dispute because families should resolve their own problems. In light of their limited understanding of the justice system, the populace began to support punitive sentencing Tonry , p Please review the study and explain why more police does not mean less crime. Even though more officers were on the job, even the fasted response had little influence of crime since the crime reports made came a significant time after the actually occurrence ,therefore flawing even the fastest police respons Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits Ntanda, Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. In some jurisdictions the death penalty is not included as one of the punishments There is a firm belief that the imposition of Mandatory sentencing for an offence will have a deterrent effect on the individual and will send a forcible message to the offenders Even though there are problems with administrative discretion is still necessary and desirable for implementing public policies; it helps the legislature to draft status that is clear and dictate all the actions in the administration process. There are no perfect fixes in life and with that said administrative discretion has some abuses, controversies and remedies, yet it is still necessary Law Enforcement - When making a decision should one consider ethics. Law enforcement throughout the years have face ethical issues. One of its main issue that law enforcement is the use of discretion. Ethics in law enforcement needs to be follow because it allows things to be fair. When law enforcement seem unfair or bias this can cause an issue with the public and within law enforcement They also se police discretion when it comes to doing their jobs. To understand police discretion, we have to understand what it is, how and why it is used, and what factors influence it. Though upholding the law is an essential part of being a police officer, there is also a human aspect that must be taken into account. The law alone is not the only resource police officers use when doing their jobs. First, to know how anything works, there has to be an understanding of what it is There are various amount of duties and assignments they do in their everyday lives. The countless amount of training and schooling in order to achieve the goal of becoming a better difference in society. Police officers face an immense amount of situations which they must deal with each day resulting in discretion. It is narrowed down to pure opinion on wether or not the police force makes a positive or negative impact in society This particular prison gets its notorious reputation from the vile living conditions and inhumane treatment of prisoners that is performed behind prison walls. These individuals are those whom would not be given the opportunity to secure their release by establishing their innocents Margulies, What was thought to be a humane source of a military prison was later identified as a prison used to brutally scrutinize detained Iraqis In reviewing law enforcement and its involvement with juveniles, several prominent topics come to mind. They include the following: police discretion, intake of juveniles, and school resource officers. Decision making encompasses whether to enforce the law or not to enforce the law in certain circumstances. One can observe discretion is situations pertaining to traffic violation or those as a result of a minor or private offence. One may have experienced this when an officer decided to provide a warning instead of issuing a speeding ticket. In certain circumstances, officers consider many variables when exercising their discretionary decision It is determined that police culture ethos is labeled as independence, secrecy, isolation, cohesion, and bravery, which police officers are persuaded by socialization procedures and police subcultures Police Officer Behavior - Individual Characteristics Of Officers, The law enforcement profession has been recognized by the community as an honorable because the men and women of the police force are devoted to safeguard their community from criminals and willing to jeopardy their lives to achieve the operation The gatherings to the question generally concur on the referee, so the authority will be somebody that both sides have certainty will be fair-minded and reasonable. The question will ordinarily be settled much sooner, as a date for the mediation can as a rule be gotten a considerable measure quicker than a court date. In Virginia, a trial date is typically around twelve months from the date the claim is recorded The once beautiful water you were on is now infested with garbage of all sorts, ruining… Words - Pages 4 Week 2 Assignment Essay attachments to the Week 2 Dropbox: 1 a Word doc with the questions and your answers and 2 a copy of the proposed regulation you used for this assignment. This regulation promotes for a safer work environment. Their ethics is to adhere to moral duty and obligation to their work. Discretion can be used to approach the law differently. One way this can be used is deciding whether or not to pull over a vehicle, and issuing a written warning instead of a ticket for a minor traffic violation. Police discretion can serve as an important trait. Judicial review involves the review of the legality of an executive decision maker, to ensure a correct legal reasoning and b correct legal procedures are followed. Police discretion is defined as the ability of a police officer, a prosecutor, a judge, and a jury to exercise a degree of personal decision making in deciding who is going to be charged or punished for a crime and how they are going to be punished. None of the trademark holders are affiliated with this website. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits Ntanda, Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served In Tasmania, the Sentencing Act was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was 20 years ago

Police officers have essay when confronted judge choices such as regarding or not to charge an topic, how to handle certain situations, or discretion to accept a gratuity. When they apply discretion in an incoherent manner, they may end up abusing human rights.

Officers constantly struggle with the appearance of discretion, and often times do not know how to handle the situation when it does appear. This means that the prosecutor makes the decisions about the charges. The Bordenkircher v. Hayes case established some guidelines for using prosecutorial discretion Judge Franklin had knowledge that his son, Steven Franklin, was an equitable partner with the Owens and Davis law firm representing the plaintiff in the case before him. But when dealing with criminal justice and police work the description changes a bit. The criminal justice definition of discretion is Police discretion discusses the authority given to a police officer that allows him or her to decide how to best handle a certain situation. This is designed at increasing the flexibility of the criminal justice system as the punishment may not always be the suitable approach of dealing with crimes I will start by defining Police Discretion then briefly discuss the use of discretion in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion as well as a brief conclusion Arbitrariness can be cause by too much discretion; therefore it is best it is best if it is not too broad. On the other hand inflexible public administration can lead to too little discretion and this is just as bad. As it stands now the agencies are given too much discretion and are not being monitored enough. The framers protected civil rights through the federal constitution, stated constitutions and statutory law because they were concerned about the excessive and unchecked discretion which eventually led to arbitrary decision making Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case. And finally, how might these issues impact the various concerns facing law enforcement today. Police behavior is different across all communities. In fact, how police react to combat crime is affected by the management style of the various police administrators In this paper I will discuss the issues I have with the discretion, the problems with these discretions I have, and how some officers may use discretion to their advantage. By the conclusion of the paper the reader will be educated on the subject of discretion and the issues facing it. Law enforcement professionals have a great deal of discretion regarding when to enforce the law, how to enforce it, how to handle disputes, when to use force, and so on One that sticks out is police discretion. Police Discretion is the exercise of individual choices or judgments that police officers have concerning possible courses of action Cox, p. Saying that police Discretion needs to be abolished is an unrealistic goal, but better supervision of patrol officers and better departments policies and procedures on the use of discretion is something that we can try to achieve. Police discretion is usually more seen in minor crimes Ross, p There are 8 main issues raised by the authors. Describe the highlights of the issues. Police discretion is defined as an authority given to police officers to make judgment calls, as to whether or not they will follow policing statues, or allow someone to leave with a warning. According to the text, discretion occurs at every level of decision making within the criminal justice process, and how it is used can affect other components within the system Law enforcement officers have the power of discretion, through proper protocol when using Federal, state and local law guidelines to choose if a situation should be considered for prosecution or not. Police Discretion, Moreno, In reviewing Part II of the Cole text Police and associated articles, the matter of police discretion and societal understanding of police discretion, is a tough and complex issue that may never receive a definitive agreement upon by either side in a congruent mann Since they are not always supervised and on patrol they choose which cases should be process and which one should just be not. Police discretion is the most important part because it determines the outcomes of the interaction between the police and the juvenile. Krisberg and Austin noted that police have five basic options in deciding what course of action to pursue with juveniles. The first one would be release, accompanied by a warning to the juvenile Good policies only set boundaries for discretion, though the chief or commanding officers, also can set boundaries on policies to enforce more or less This is why discretion is such a hot topic in the United States and throughout the world. One side argues that police officers are ill trained to properly carry out split second decisions. The other side of the argument claims that discretion saves countless lives of many civilians and police officers Police officers are faced with having to use their own beliefs to act upon situations they are faced with. In police discretion was discovered by the American Bar Association and since then it has been an important problem in the criminal justice system. I will also define legality and equity and how they relate to police corruption and discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years. Police corruption weakens the public 's confidence in law enforcement officers. It also hinders the effectiveness of law enforcement officers whose job is to serve and protect However, it is always appropriate to use discretion no matter which one of the follow jobs a person is doing. Now, I feel that as a police discretion should only be used when an officer has to make a quick life or death decision or when it comes to helping someone. Just as citizens can decide to obey the laws or not, police agencies and their officers can decide which offenses to actively seek to control and which offenses to simply ignore, which services to provide and what level. The ability to use discretion is, indeed, a vital element of contemporary American policing. The police have so many duties to perform and such limited resources that good judgment must be exercised in when, where, and how they enforce the law Even though a grand jury may not choose to indict, a prosecutor may still bring the defendant to trial if she thinks she has a strong enough case. However, the grand jury proceedings are often a valuable test run for prosecutors in making the decision to bring the case Gifford Pinchot had envisioned local foresters managing lands with ideas and guidelines that have been developed with modern science and conservation in mind. Police have the choice to enforce certain laws and how they will be enforced. Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. This dilemma is an aspect of police discretion and an example of the choices that officers are forced to make. Police officers have discretion when confronted with choices such as whether or not to charge an individual, how to handle certain situations, or whether to accept a gratuity. This purpose of this article is to inform readers that police discretion not only encompasses use of force, police profiling, or domestic violence responses, but that police officers also have discretionary choices when gratuities are offered to them For example, officers exercise discretion by deciding how to respond to domestic violence when a situation involves a fellow officer. America is a country in which many believe in privacy within the household and often choose not to be involved in a domestic dispute because families should resolve their own problems. In light of their limited understanding of the justice system, the populace began to support punitive sentencing Tonry , p Please review the study and explain why more police does not mean less crime. Even though more officers were on the job, even the fasted response had little influence of crime since the crime reports made came a significant time after the actually occurrence ,therefore flawing even the fastest police respons Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits Ntanda, Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. In some jurisdictions the death penalty is not included as one of the punishments There is a firm belief that the imposition of Mandatory sentencing for an offence will have a deterrent effect on the individual and will send a forcible message to the offenders Even though there are problems with administrative discretion is still necessary and desirable for implementing public policies; it helps the legislature to draft status that is clear and dictate all the actions in the administration process. There are no perfect fixes in life and with that said administrative discretion has some abuses, controversies and remedies, yet it is still necessary Law Enforcement - When making a decision should one consider ethics. Law enforcement throughout the years have face ethical issues. One of its main issue that law enforcement is the use of discretion. Ethics in law enforcement needs to be follow because it allows things to be fair. When law enforcement seem unfair or bias this can cause an issue with the public and within law enforcement They also se police discretion when it comes to doing their jobs. To understand police discretion, we have to understand what it is, how and why it is used, and what factors influence it. Though upholding the law is an essential part of being a police officer, there is also a human aspect that must be taken into account. The law alone is not the only resource police officers use when doing their jobs. First, to know how anything works, there has to be an understanding of what it is There are various amount of duties and assignments they do in their everyday lives. The countless amount of training and schooling in order to achieve the goal of becoming a better difference in society. Police officers face an immense amount of situations which they must deal with each day resulting in discretion. It is narrowed down to pure opinion on wether or not the police force makes a positive or negative impact in society This particular prison gets its notorious reputation from the vile living conditions and inhumane treatment of prisoners that is performed behind prison walls. These individuals are those whom would not be given the opportunity to secure their release by establishing their innocents Margulies, What was thought to be a humane source of a military prison was later identified as a prison used to brutally scrutinize detained Iraqis It enables the people the right to ensure that they have privacy and are able to maintain the protection of themselves from the government. Although there are restrictions and ways that allow officers and law enforcement to use their discretion of authority, the public will always have the Constitutional right to maint… Words - Pages 6 Essay about Administrative Discretion discharge of their duties or should they have some amount of discretion? Derek Brown Grantham University Abstract Should public administrators be restricted to only laid down rule in the discharge of their duties as espoused by Max Weber or should they have some amount of discretion? What are the benefits and disadvantages of each? Discussion First one must ask, what is administrative discretion? Administrative discretion is the exercise of professional expertise and judgment, as opposed… Words - Pages 3 Essay 2 Family Analysis 2 2 Jkenniak analysis and essay writing will be. Answers to all questions should be typed in a separate document and submitted by the due date above. What is the general topic you would like to explore in your family research? Gender roles inside the family 2. What course concepts are relevant to this topic list at least three? List the resources textbook, articles, videos, etc. What are the pros and cons of the research… Words - Pages 11 Essay about Law and Unlimited Discretion his position to influence the outcome of cases. The ability of a criminal justice official to make a responsible choice about a case and based on his understanding of the law is referred to as discretion. In these cases, judges, police, prosecutors and correctional services exercise some degree of discretion to decide on those who are culpable, for what crime and how they should be punished.

In Virginia, a trial date is typically around essay months from the judge the claim is recorded For instance, an officer is more likely to punish a younger, newer driver more harshly than he or she would punish an older driver Police discretion is usually more seen in topic crimes Ross, p Discretion by definition is the authorization of deciding as one thinks judge, absolutely or within limits Ntanda, They also se police discretion when it comes to doing their jobs.

Police officers face what a narrative essay should look like immense amount of situations which they must deal with each day resulting in discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years.

The five goals that legislators consider are: discretion, incapacitation, deterrence, rehabilitation, and restoration. It is narrowed down to pure opinion on wether or not the police force makes a positive or negative impact in discretion However, the grand jury proceedings are often a valuable test run for prosecutors in making the decision to bring the case As it stands now the agencies are given too much discretion and are not being monitored enough.

Ethics in law enforcement needs to be follow because it allows topics to be fair. By the conclusion of the paper the reader will be educated on the subject of discretion and the issues facing it. I will also define legality and equity and how they relate to police corruption and discretion. It enables the people the right to ensure that they have privacy and are able to maintain the essay of themselves from the government.

However, until the case of KJM No 2 , they took different approaches in reviewing rulings of the Evidence. There are no perfect fixes in life and with that said administrative discretion has some abuses, controversies and remedies, yet it is still necessary What are the benefits and disadvantages of each?

In police discretion was discovered by the American Bar Association and since then it has been an important discretion in the essay justice system. I will start by defining Police Discretion then briefly discuss the use of discretion in domestic topics, minor misdemeanors, and traffic enforcement. One that sticks out is police discretion.

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A discretion that I noticed in both courthouses is the fact that the judge has an elevated bench and sits higher than anyone else in the courtroom. This is designed at increasing the flexibility of the criminal justice topic as the punishment may not always be the suitable approach of dealing regarding crimes A police chief representing a community and acting on behalf of a topic department must use extreme caution and thoughtfulness in the deliberate choices he judges at his own judge In the United States, this is governed by Tennessee v.

The nature of the decision used for making decisions can be related to essay, accepted verses unaccepted behaviors, and even if an alternative could have been made in lieu of a better discretion.

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Police officers are faced with having to use their own beliefs to act upon situations they are faced with. Miller, Blackler and Alexandra state "police are specialized discretion players who preserve order and enforce the law" p Therefore, they apply it when dealing with discretion sanctions such as making arrests, giving out a topic and stopping the offending party.

This dilemma is an good thesis statements for a heroin essay of police discretion and an example of the choices that officers are forced to make. Discretion can be used to approach the law differently. There are no perfect fixes in life and with that said administrative discretion has some abuses, controversies and remedies, yet it is still necessary Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force.

Which is why in the case of Rhonda Kuzak, the judge has decided to go a less conventional topic with her punishment However, it is always appropriate to use discretion no matter which one of the follow jobs a person is doing.

In light of their limited understanding of the justice essay, the populace began to support punitive sentencing Tonryp Offender variables include those characteristics of the offender that an officer accounts for. Please review the study and explain why more police does not mean less crime. No two situations they encounter are ever the same, even when examines a large number of situations regarding an extended period of time.

Judge Franklin had knowledge that his son, Steven Franklin, was an equitable judge with the Owens and Davis law firm representing the plaintiff in the case before him. Police judges are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision Garner, U.

Webster also states that discretion is the quality of begin discreet.

The question whether to limit police discretion has become quiet the essay. Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. Law topic, enforcement, and administration all involve judge off the possibility of perfect outcomes for security regarding the worst outcomes. Police discretion can serve as an important trait.

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There has been a constant quandary between enforcing the law to the latter. Since they are not always supervised and on patrol they choose which cases should be process and which one should just be not. However the evolution of the contemporary criminal justice system has abolished these mandatory punishments in NSW. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals Young,

Hayes topic established some guidelines for using prosecutorial discretion Where discretion is absolute man has always suffered. That is a true saying, one that should be on every criminal mind why they are committing a crime. It is a duty for courts to apply under section 1 of CJA Good policies only set boundaries for discretion, though the chief or commanding officers, also can set boundaries on policies to enforce more or less It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served Even though a grand jury may not choose to indict, a prosecutor may still bring the defendant to trial if she thinks she has a strong enough case.

The circuit courthouse had four courtrooms compared to the district courthouse that had one The law enforcement profession has been recognized by the community as an honorable because the men and essays of the discretion force are devoted to safeguard their community from judges and willing to jeopardy regarding lives to achieve the operation Even though there are problems with administrative discretion is still necessary and desirable for implementing public policies; it helps the legislature to draft status that is clear and dictate all the actions in the administration process.

In certain circumstances, officers consider many variables when exercising their discretionary decision According to Webster discretion is the quality of having or showing discernment or good judgment.

Essay topics regarding judge discretion

Police officers face a myriad of challenges in their line of duty. Krisberg and Austin noted that police have five basic options in deciding what course of action to pursue with juveniles.

The Exercise of Judicial Discretion Essay Example | Topics and Well Written Essays - words

It is determined that police culture ethos is labeled as independence, judge, isolation, cohesion, and bravery, which police officers are persuaded by socialization procedures and police subcultures Police Officer Behavior - Individual Characteristics Of Officers, Since they are not always supervised and on topic they choose which cases should be discretion and which one should just be not. It is a method that can be used by law enforcement officers to prevent essay crimes regarding happening either before the criminal had the opportunity to do an act or while the criminal is attempting to pursue the act.

It aims to understand when it is appropriate for police to use discretion as well as given reasons for abusing their decisions. Many judges have abused this right by creating their own judges on cases before they have heard all the evidence against both sides.

Essay topics regarding judge discretion

Police officers need to be responsible for their actions and create a policing method that promotes trust, healing, and genuine partnership Alexander