Question: How Does Prosecutorial Discretion Improve The Criminal Justice Process?

What is prosecutorial discretion used for?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file..

In what way does prosecutorial discretion serve to benefit the criminal justice system and defendants explain and provide examples?

Prosecutorial discretion is one of the most important aspects of our criminal justice system. … Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges. They can offer plea bargains, including reduced or deferred sentences.

What is a discretion?

noun. the power or right to decide or act according to one’s own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.

What powers do prosecutors have?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

Should judges have more or less discretion when it comes to sentencing?

When judges impose a sentence there is always a question of discretion against the rule of law. … Judges have experience and knowledge of the law and in sentencing offenders, thus should be trusted to exercise their moral judgement at their own discretion when imposing a sentence.

What is an example of discretion?

Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. An example of discretion is not talking about politics at family dinners.

Why is judicial discretion important?

The more discretion a judge is allowed to exercise, the greater the risk of similarly situated offenders being treated differently. How to resolve this tension and find a suitable equilibrium is a problem faced by jurisdictions the world over.

What is the most important prosecutorial discretion?

As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining. …

What does research say about the role of bias in prosecutorial discretion in drug cases?

Research argues that prosecutorial discretion when it comes to drug cases elicits a lot of dissatisfying concerns because the possibility of prosecutors shying away from prosecuting drug cartels is very high especially in places like the US and Mexico.In such situation where prosecutorial discretion is biased from …

Can I count on your discretion?

the power to decide or act according to one’s own judgment:The judge has discretion in the matter of sentencing. the quality of being discreet; tactfulness:I can count on your discretion to keep quiet about his drinking.

What is the role of discretion?

Discretion is defined as the power or right to decide or act according to one’s own judgment. … Officers must use discretion when deciding to enforce the law when certain situations arise.