What type of discretion might be exercised within the local police department? How does it "funnel" people into the criminal justice system or kick them out?
"What type of discretion ... "
Are you supposed to guess? Or have you been given a list? Or what?
No list was given.
Then your text (in print or online) must have something about this whole topic. It must name different types of "discretion" and explain each one and when it's to be used.
No one here will be able to guess what's correct. You'll need to go back through the study materials (text or ??) for this topic and see what's there.
Thank you Writeacher, I will reread the text....
Discretion within a local police department refers to the flexibility and decision-making power that individual officers and departments have when enforcing laws and addressing various situations. It involves the choice and judgment exercised by officers in terms of enforcing laws, making arrests, issuing citations, and handling minor infractions or offenses.
There are several types of discretion that can be exercised by the police, including:
1. Enforcement discretion: Police officers have the authority to decide whether or not to enforce certain laws and regulations based on their interpretation of the situation. For example, an officer might choose to issue a warning instead of a ticket for a minor traffic violation.
2. Arrest discretion: This refers to an officer's judgment on whether or not to make an arrest after assessing the seriousness of the offense and the circumstances surrounding it. They may choose to arrest, issue a citation, or resolve the situation with a warning or mediation.
3. Charging discretion: Once an arrest is made, police officers have the discretion to recommend charges to the prosecutor's office. They can use their judgment to determine the appropriate charges based on the evidence and circumstances of the case.
Discretion can have a significant impact on how people move through the criminal justice system. On one hand, it can "funnel" people into the system by leading to arrests and formal charges for offenses that might otherwise be handled informally or result in warnings. This can happen when officers choose to arrest rather than provide alternative resolutions, like diversion programs or warnings.
Conversely, discretion can also work to "kick" people out of the system by allowing officers to use other means of resolution, such as issuing warnings or referring individuals to community resources rather than making arrests. In some instances, officers may exercise leniency for minor offenses, which may result in a person avoiding formal charges, court appearances, and further involvement with the criminal justice system.
It is essential to note that discretion can vary based on individual officers, department policies, legal requirements, and the specific circumstances of each interaction. Ultimately, how discretion is exercised can greatly impact an individual's trajectory within the criminal justice system.