"Why is discretion important in the criminal process" Essays and Research Papers

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    Facing a criminal charge can be frightening and intimidating and that is when you need a legal representative that is experienced and knowledgeable on your side. Here at our office you will find experience and knowledge that will help deal with charges such as: murder‚ domestic violence‚ theft‚ kidnapping and hit and run accidents. Whenever you or someone you love is faced with the possibility of going to jail‚ you should hire an attorney. Of course‚ each case is different but with the help of this

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    Elements of a Crime and how the elements of a crime apply to the overall criminal procedure process? The three elements of crime are actus reus‚ mens rea‚ and the relationship between the two. Actus reus is commission or omission that is illegal. The act must be voluntary and must break a criminal statue. Mens rea is the guilty state of mind. Accidently switching briefcases with someone at an airport does not possess mens rea. (Jon’a F. Meyer‚ Diana R. Grant‚ 2003) The relationship of the two must

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    Police and Discretion

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    Police Discretion Police discretion is freedom or the power of state officers to exercise various alternative actions towards a person. A police officer may choose to give a warning‚ issue a ticket of violation or arrest an offender. Not all circumstances allow police to have discretion. According to a research by Carrington and Schulenber (2004)‚ various factors affect police discretion. These factors include the seriousness and the nature of the crime‚ prior contacts with the police‚ injury to

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    The Meaning of Discretion

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    The Meaning of Discretion By definition‚ discretion means freedom to act or judge on ones own. With this privilege‚ evolves both pros and cons. A major problem which may occur are inconsistencies with the law. The same type of crimes may be given different punishments by judges. This would create controversy and accusations of prejudice and bias would certainly evolve. If the law were emphasized on discretion‚ the power would be mainly in judges and government official’s hands. It would be their

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    Police Discretion

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    Police Discretion Police Discretion Discretion is defined by the Merriam-Webster Dictionary as “the ability to make responsible decisions‚ individual choice or judgment‚ power of free decision or latitude of choice within certain legal bounds.” In law enforcement discretion is left up to each individual officer on the field everyday. Police officers are given the authority to make reasonable and responsible decisions out in the field. Discretion is used in many situations‚ such as when

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    Criminal Justice Policy Process AJS/582 Public Policy Issues April 1‚ 2013 March 25‚ 2013 Abstract The criminal justice policy-making process is interesting to say the least. There are three levels of government branches which are Legislative‚ Executive‚ and Judicial. Looking into how the policy-making process works one finds that Federal and State has their hand in the process of making

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    The American Criminal Justice Process is designed to keep people safe and ensure suspects and criminals are treated in such a way that follows the Constitution accordingly. The federal justice system carries out this process through a list of steps: Investigation: To first start off the process of criminal justice‚ a crime is reported and evidence is gathered from the crime scene to help investigators reconstruct and determine what exactly happened. They will also start to establish a list of possible

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    The criminal investigation process (‘the process’) is a complex and necessary aspect of the legal system that aims to gather and investigate evidence lawfully‚ justly and in accordance with the rights of victims‚ suspects and society. The responsibility for enforcing criminal laws and ensuring they are adhered to lies with the police. In the criminal investigation process‚ the role of police is to investigate crimes through gathering evidence‚ interrogating and detaining suspects‚ searching and seizing

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    Choice and Discretion

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    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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    Steps in the criminal justice process are as follows: Crime-is described as any violation of the criminal law. Nevertheless‚ arrest-the physical taking into custody of a suspected law violator in which we see the person taken away in handcuffs. Nonetheless‚ initial appearance- this is when the accused is told of the charges‚ bail is set‚ and a date for the preliminary hearing is set. Consequently‚ bail- is when money or property is pledged as a form of guarantee that a released defendant will appear

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