Why is police discretion necessary?
Why is police discretion necessary?
The idea behind police discretion is that the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied. In the context of policing, discretion means that officers are given some leeway on which they can rely as they make choices that impact the people they are policing.
What are the arguments for and against allowing judges broad discretion in criminal sentencing?
The arguments for the allowing judges to apply broad discretion in criminal sentencing are; -Facilitates the criminal proceedings in the court of law-the criminal proceedings would be facilitated and the procedure more efficient when the judges can apply discretion based on the developments around the criminal case.
Which member of the American criminal justice system is considered to be the most powerful?
But the most powerful official in the criminal justice system who makes the most critical decisions that often lead to unjust results is the prosecutor. The power and discretion of prosecutors cannot be overstated.
Who is the most powerful actor in the administration of justice?
Surprisingly, in looking for the causes and cures for the mass incarceration state, very little, if any, attention has been paid to the role of the most powerful actor in the criminal justice system: the prosecutor It is the prosecutor who exercises virtually unreviewable discretion in seeking charges, determining bail …
How do prosecutors use discretion?
When Prosecutors Use Their Discretion Prosecutorial discretion also allows prosecutors not to file charges, to drop charges or to offer a plea deal when the circumstances surrounding the “crime” warrant it.
How often does the Supreme Court meet?
The Court hears oral arguments in cases from October through April. From October through December, arguments are heard during the first two weeks of each month. From January through April, arguments are heard on the last two weeks of each month.
Which country has the most powerful judiciary?
Denmark and Ghana rank top as best judicial systems in the world and Africa. The World Justice Project has named Denmark the best judicial system in the world measured by rule of law – for the fourth time in a row – while Ghana ranks highest in Africa.
How did the Supreme Court become so powerful?
In 1803 in the SCOTUS case Marbury v Madison, Chief Justice John Marshall ruled, among other things, that the court did not have the Constitutional power to issue these writs. In doing so, he established judicial review, the very principle that makes the Supreme Court as powerful as it is today.