DISCRETION IN CRIMINAL JUSTICE

The word discretion is defined as the right to act on one’s judgment.  Discretion can also be defined as the latitude the officials are granted to act under a set of formal rules.  The rules result from the discretion by the other actors of the criminal justice system.  This criminal justice system includes the legislature which has formed criminal code.  The discretion is used by the officer when deciding how to enforce the law when situations arise such as unclear laws, moral standards, and nuisance behavior. The discretion is the main key in the process of criminal justice. Though the components of judicial system lack total discretion, they act within the very broad boundaries of the legal principles.  In addition, the discretion is the main element in the law enforcement. However, the discretionary decisions are normally based on the traffic enforcement.  In criminal justice process, the discretionary decision making is commonly used in elements of the justice system such as prosecuting attorneys, probation officers, and correction officers. The discretionary decision-making system begins with the decision to the arrest by the law enforcement officer.  The law enforcement officers are the ones who start the discretionary process. The law enforcement chooses the variety of the actions when resolving the situation. The multifarious avenues of the discretionary decisions become available once the case is forwarded to the attorney.   In the cases of arrest, the case is usually forwarded to prosecuting attorney for filling decision process.  The main duty of the prosecutor is to seek justice in the case.  The judge uses discretion by approving the solution if the agreement is made between the prosecuting attorney and the defense attorney.  The judges issue a  warranty, passes sentence on the convicted,  presides the hearing and decides the guilt or even innocence.  In traffic or misdemeanor cases, the judges act as an intermediate between the prosecutor and the state attorney.

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