Give a constructive response to the following

MIN 250 words with in text citations APA formatting.

 

When it comes to discretion in the eyes of the law, it is important to have the power (or the right) to decide based on one's personal judgment. Throughout the elements of the criminal justice field (attorneys, police officers, judges, correction officers), there are instances where the discretionary process is visited multiple times. This process begins when a law enforcement official makes the decision to arrest an individual. After the case is forwarded to an attorney, there are a multitude of discretionary instances that occur in order to resolve this particular case. Law enforcement officials begin the discretionary process while the judge is in charge of resolving it. These officials must engage in different types of reinforcement when it comes to making the correct discretionary decision for the individual that is involved; officers must use discretion when it comes to making a difficult decision if there are situations that arise. When it comes to discretion, the police can sympathize and offer any assistance to criminals depending on their physical attributes and specific criteria. These situational variables come into play when the officer makes the decision to make an arrest and the judge makes the decision to provide a punishment for the individual. Discretion is important when it comes to making an important decision for the life of another individual. If the officer makes the decision to arrest, the individual will be brought before the judge and await a possible sentence. If the judge decides to provide a punishment for the individual, they can face jail time and/or fines. This can "create a situation that allows police officers discretion in the way they think about what they see and how they handle those with whom they come in contact" (Alpert, Dunham, Stroshine, Bennett & MacDonald, 2006).

Problems that can arise when discretion lie within the possibility of law enforcement officials taking advantage of this privilege and misusing their discretionary power; discretion can allow for corruption if the trait is not used correctly and responsibly. During the moment of discretion, cops may not have an idea of what their actions could pose for the individual in question; this can result in their choice being influenced by a number of factors once they have arrived on the scene. Many law enforcement officials act irrationally when it comes to certain crimes. For example, a cop who dealt with the death of their partner while on duty may be impartial when it comes to responding to a shoot-out. With this being said, an officer’s personal life and attributes can contribute to the ultimate decision they make within the discretionary process; this can influence how they view a certain amount of crimes. Officers who are racist may abuse the aspect of discretion based on the alleged criminals’ ethnicity. The location of the crime can also play a role in the decision an officer makes; arrests take place within racially mixed societies due to there being a higher amount of crime that takes place. 

Works Cited:

Alpert, G. P., Dunham, R. G., Stroshine, M., Bennett, K., & MacDonald, J. (2006, February). Police Officers' Decision Making and Discretion: Forming Suspicion and Making a Stop. A Report to The National Institute of Justice. Retrieved March 6, 2017, from https://www.ncjrs.gov/pdffiles1/nij/grants/213004.pdf