Criminal Justice System

[Date of Submission]Criminal Justice System

Introduction

A level of discretionary authority is maintained by each facet of the criminal justice system. Answers to the public are provided and acknowledged by each facet. The procedures and policy must be adhered by each facet for its own agency to organizations in between and the parole/probation officer filing a violation of parole or probation from a police officer deciding to pursue a fleeing suspect or writing a ticket. With regard to interpreting and enforcing the law, the corrections, the prosecutors and the police are afforded with discretion in the criminal justice system (Kappeler & Et.al, 1998). This essay addresses the role of the civilian oversight committee in ensuring authoritative powers, and when it comes to acts of discretion, these powers are not abused.

Discussion

Evaluation of Discretionary Authority Exercised by Personnel in the Various Fields of Criminal Justice System

Under exclusive Federal jurisdiction, there are very few crimes. The local and State governments are responsible to respond to most of the crimes. A function of towns and cities is primarily police protection. The function of State governments is primarily corrections. At the local level, most justice personnel are employed. Throughout the government discretion is exercised. In all government systems from education to mental health as well as criminal justice, it is a part of decision making. However, from jurisdiction to jurisdiction the limits of discretion vary.

It has been recognized by the legislative bodies that they cannot enact laws that clearly encompass all conduct that is not criminal and is criminal and cannot anticipate the range of circumstances surrounding each crime, with concerns to justice and crime. To exercise their own judgment within limits set by law is expected from the persons charged with the day-to-day response to crime. They must decide the appropriate official response, the alignment of the situation in the scheme of precedent, rules and law and the appropriate action.

The government authority is often delegated to professionals to ensure that discretion is exercised responsibly. In guiding officials in making decisions, a minimum level of orientation and training is required by professionalism. The desire to ensure the proper exercise of police discretion is the factor behind the professionalism of policing. The limits of discretion vary from locality to locality and State to State. For example, in the type of sentence imposed by some State judges, they have wide discretion (Miller & Sloan, 1994). Mandatory sentencing laws requiring prison sentences for certain offenses have been passed by other States in recent years to limit the judge's discretion in sentencing.

The discretion is exercised by criminal justice officials, like, patrolling authorities, correctional officials, magistrates or judges, prosecutors, and police, who are responsible for their own decisions. The police must detain or arrest people, search buildings, vicinities and people, investigate specific crimes and enforce specific laws. To determine disciplinary actions in the workplace, covering things from deciding to arrest someone, a wide range of discretionary powers are afforded by the police. The prosecutors must reduce charges, drop cases, ...