Discretion in the Criminal Process

I agree with this post that discretion is an important component in various criminal processes ranging from the police determining those responsible for the violation of law to courts serving justice to the offended persons. Police officers apply discretion when defending themselves as well as other people in the society from various criminal activities. Discretion is very important on the policing especially at the beginning when the criminal process is started due to various reasons. In most of the criminal offences, police officers act individually through the application of discretion without consulting or revisiting the laws and acts enacted ( Barry, 2017 ). For example, when police officers are pursuing gangs, they are sure that a crime is being committed, but they apply discretion to determine the point that they should strike such that they can maximize their effectiveness. Police officers exercise more of discretion as compared to other personnel in the criminal justice system. Most of the police officer activities executed in the process of discharging their duties do not require knowledge obtained during training but the application of discretion. 

Considering the process of seeking justice in courts, the officers participating in various positions including judges, defense, and prosecution apply discretion. Lawyers apply discretion in the process of defending their clients and arguing cases to ensure that justice is served. While prosecutors are presenting their arguments to the judge seeking to convince the judge that the defendant should be charged in a specific manner, they apply discretion. Judges apply the maximum amount of discretion as compared with other officers within the courts. Judges are responsible for bringing structure and order to the courts while the cases are being argued and determined at the end ( Barry, 2017 ). The discretion applied by the judges is very important in the legal process as they adjudicate innocent and guilty subjects in the courts. In some instances, the judges exercise sound judgments in the courts without confining themselves to the previously determined cases or the latter laws. Justice is served when the personnel working in the courts are allowed to apply discretion as well as sound judgments when making rulings. 

Reference 

Barry, J. (2017). Prosecutors–Should We Trust Them? A Cross-Jurisdictional Analysis of the Effectiveness and Transparency of Limits on Prosecutorial Discretion during Plea Bargaining.  Te Wharenga-New Zealand Criminal Law Review , 154-179.