Discretionary authority in the Criminal Justice system
April 11th, 2011
Discussions in how discretion is exercised in the legal profession often raises debate in the criminal justice system. Discretion is vastly misused in many of the criminal justice fields. Areas such as youth justice, sentencing, policing, and a host of many other legal fields need better understanding, interpretation and communication. As with many practices, the object of measuring these areas is to understand constraints on its use and areas where it can be regulated better. This paper will reflect the role of discretion and how it is conceived in the justice system. In addition, this paper will examine how individuals elect to measure legal discretion from the public’s point of view as often the public sees only the negative terms of it.
Role of Discretion in Youth Justice
Decision-making discretion in youth justice has been the concern for many of the law officials working in the criminal justice system. Presently, personnel are examining many of the factors that police face when they have to deal with youth offenders. In the past, Police did not always follow proper …show more content…
Rather than using informal action or recommending charges, police may choose to refer to or recommend alternative measures (Youth Justice). In many cases, law enforcers will recommend pre or post charge alternative measures dealing with youth-related incidents. The most common alternative measures programs assigned to youth are community service, an apology, social skills improvement, writing an essay, restitution or compensation, and other activities geared toward the specific young person (Kowalski, 1999). These alternative measures allow police to have some input in assessing, developing, and implementing a plan that will best monitor a youth’s compliance to the recommended