consider and debate the use of discretion at each stage of the criminal justice processWeegy:
The limits of discretion vary from State to State and locality to locality. For example, some State judges have wide discretion in the type of sentence they may impose. [ In recent years other States have sought to limit the judges discretion in sentencing by passing mandatory sentencing laws that require prison sentences for certain offenses. ] Auto answered|Score .6|tink252|Points 88|User:
is to much discretion usedWeegy:
Discretion in criminal justice is used primarily during three phases of a case by a prosecuting attorney. Discretion is relevant in determining whether a person is to ... [www.ehow.com/how_5605658_use-discretion-criminal-justice.html
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why is discretion a necessary feature of the criminal justice systemWeegy:
Discretion exists in CJ in part because intention is an element of many crimes; if there was no criminal intent, there is no crime (but there may be civil liability); however, there are violations that do not have a specific intent requirement [ (negligence, vehicle violations, etc.).
Also, arrest is based on probable cause, probable cause involves and evaluation of the totality of circumstances. One officer's evaluation of the evidence may vary from that of another, possibly based on training, experience, education, and personal bias. There may be a question of whether that threshold has been reached, and an officer may exercise discretion one way or the other.
If no one is harmed physically or financially, discretion may be exercised; which may enhance police/community relations, and prevent over-loading the CJ system.
Prosecutors have discretion to prosecute or not based on their evaluation of evidence that must meet the beyond a reasonable doubt threshold for conviction, as opposed to the lesser probable cause threshold for arrest. Again, personal bias may consciously or subconsciously figure into this decision. http://answers.yahoo.com/question/?qid=20120113110453AA6zfIZ
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Advice|No Subcategories|Auto Answered|4/5/2012 7:05:42 AM