To define discretion is a pretty easy task. Discretion is something you use before you do something. Discretion means to decide to do the right thing before you do the wrong thing for example you would use discretion to decide when you see a person acting strange on the street would you go over to ask that person if they are alright or would you just make the choice to walk away. Discretion is used because it gives us the ways to make a choice if we need to. We use discretion in everyday life we
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minority population that there are issues in the current system; specifically with regard to prosecutorial discretion and racial disparities in sentencing amongst the American people. Prosecutorial Discretion is defined as the authority of the Prosecutor to decide who to charge with a crime‚ what charges to file‚ when/if charges will be dropped‚ whether a plea bargain will be offered‚ and how to utilize prosecutorial resources such as preemptive strikes. Furthermore‚ in states where the death penalty is
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Prosecutorial Discretion is the prosecuting attorney having complete authority on the turnout of a case. The prosecuting attorney has discretionary power over matters that involve "whether or not to bring criminal charges‚ deciding the nature of the charges‚ plea bargaining‚ and sentence recommendation" (U.S. Legal Inc‚ 2016‚ p. 1). Prosecutors are not obligated to take a victims accusations and represent it in front of a jury. However‚ the prosecutor is obligated to listen to the story‚ analyze
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It is a fact that prosecutorial discretion under American law‚ government refers to prosecuting attorneys having almost complete possession of controlling influence (Fairfax Jr.‚ R. A. (2011). However‚ prosecutors with allowable proof beyond a reasonable doubt might refuse to seek a conviction. Nevertheless‚ declinations are sometimes established in legitimate law enforcement principles‚ for example‚ the absence of ample social control resources. A prosecutor‚ however‚ might decrease a commendable
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Assess the role discretion plays in the sentencing and punishment of offenders. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Discretion involves the power of Judges and magistrates to determine the most appropriate sentence for a case. Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances. Many factors influence the role
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not only essential to the purity of the justice system‚ it’s vital. If left unchecked‚ a prosecutor could potentially bend the rules to conform to their own wants and needs in a case. This bending and breaking of the rules is called Prosecutorial Misconduct. Prosecutorial Misconduct is defined as‚ "An illegal act or failing to act‚ on the part of a prosecutor‚ especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate
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the penitentiaries with low-level transgressors at a higher cost to taxpayers. As indicated by Paul Larkin and Evan Bernick (2014)‚ “mandatory minimum sentences have not eliminated sentencing disparities because they have not eliminated sentencing discretion; they have merely shifted
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the offences‚ that he had cooperated with the police and helped to locate his confederates‚ that he had returned his share of the loot‚ that he had no conviction for any cognate offence and had entered a timely plea of guilty. She exercised her discretion under Section 151 of the Criminal Procedure Act and sentenced him to undergo twelve months imprisonment. 2 Under Count 3‚ she was of the view that‚ by virtue of the provisions of Section 301A of the Criminal Code‚ the sentence that she could
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“Prosecutorial Misconduct” Criminal Justice Prof. Denise Duguay‚ MS CJWB 155 January 17‚ 2015 Cassandra Pechi-Wilson Email: cassandraw1974@gmail.com Cell Phone # (860) 940-4130 When you think of a prosecutor‚ you think of a person who is honorable. A person who is committed to helping maintain justice and upholding the law. A prosecutor is supposed to help protect the public by making sure that the “bad guys” go to jail and the innocent go free. However‚ prosecutorial misconduct and misdeeds happen
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Police Discretion Jocelyn Golphin University of the District of Columbia Criminal Justice System 2/21/2014 Golphin 2 Police discretion is a very important approach in matters concerning criminal justice. There has been a consistent problem between enforcing the law and the spirit of the law. Discretion in the broader sense can be defined as the individual’s ability to make a decision basing on the principle of courses of the action. During training‚ police
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