Overview
In this assignment, you will explain the role of discretion in criminal justice. You will also describe the roles integrity, authority, discretionary power, and morality play in discretionary decision making.
Prompt
In Modules One and Two, you learned about discretion in criminal justice decision making, and about the relationship between integrity, authority, and discretionary power. In this module, you learned about the role morality plays in the decision-making process. You will now apply this knowledge to an instance of discretionary decision making you have seen in the media, which was the focus of the Module One discussion. This application of knowledge will help you prepare for Project One in Module Five, in which you will be creating a written internal justification statement for a discretionary decision you make in response to a scenario.
First, explain the role of discretion in criminal justice.
Next, describe the instance from the Module One discussion in detail, providing background information surrounding the discretionary decision. (You may use your initial post from the Module One discussion board to help you with this.)
Then, choose one element and describe the role it plays in the discretionary decision-making process in general:
Integrity
Authority
Discretionary power
Morality
Last, explain how that same element chosen above (integrity, authority, discretionary power, or morality) may have affected the discretionary decision made in the instance provided.
Specifically, the following rubric criteria must be addressed:
Explain the role of discretion in criminal justice.
Describe an instance of discretionary decision making you have seen in the media.
Describe the role one element (integrity, authority, discretionary power, or morality) plays in discretionary decision making in general.
Explain how one element (integrity, authority, discretionary power, or morality) may have affected the discretionary decision made in the instance provided.
The Role of Discretion in Criminal Justice
Discretion plays a crucial role in the criminal justice system, allowing decision-makers to exercise judgment and make choices based on the circumstances of each individual case. It is the power given to officials, such as police officers, prosecutors, and judges, to interpret and apply laws with flexibility. This discretion is essential because it recognizes that every situation is unique and requires an individualized approach.
One instance of discretionary decision making that garnered significant attention in the media was the case of Michael Brown, an unarmed black teenager who was fatally shot by a white police officer, Darren Wilson, in Ferguson, Missouri in 2014. The incident sparked widespread protests and ignited a national debate on police accountability and racial bias within the criminal justice system.
In this instance, integrity played a significant role in the discretionary decision-making process. Integrity refers to the adherence to a set of moral and ethical principles, honesty, and consistency in actions and decisions. In discretionary decision making, integrity guides officials to act in a manner that is fair, just, and transparent.
The integrity of the police officer involved in the Michael Brown case was called into question by the community and the media. Eyewitness testimonies conflicted with the officer’s account of the incident, raising doubts about the truthfulness of his statements. This lack of integrity eroded public trust in the police department and further fueled the protests.
Furthermore, the authority that police officers possess also plays a role in discretionary decision making. Authority refers to the power or right to give orders, make decisions, and enforce laws. Police officers have the authority to use force when necessary to protect themselves or others. However, this authority must be exercised responsibly and within the boundaries of the law.
In the case of Michael Brown, the discretionary power granted to Officer Darren Wilson became a critical factor. Discretionary power allows officials to make decisions based on their judgment and assessment of the situation. Officer Wilson claimed that he acted in self-defense, perceiving Michael Brown as a threat. The decision to use lethal force was made within his discretionary power as a police officer authorized to protect himself and others.
Lastly, morality also plays a significant role in discretionary decision making. Morality refers to a set of principles or values that determine what is right or wrong. In criminal justice, morality helps guide decisions that uphold justice, fairness, and respect for human rights.
In the case of Michael Brown, morality could have influenced the discretionary decision made by Officer Darren Wilson. If Officer Wilson had prioritized non-lethal methods of apprehension or de-escalation techniques instead of resorting to lethal force, it could be argued that his decision would have aligned more closely with moral principles. The interpretation and application of morality in discretionary decision making can vary between individuals and can be influenced by personal beliefs, professional standards, and societal norms.
In conclusion,
discretion is an integral part of the criminal justice system, allowing decision-makers to adapt their actions according to individual circumstances. In instances like the Michael Brown case, elements such as integrity, authority, discretionary power, and morality all come into play in shaping the decision-making process. It is essential for individuals within the criminal justice system to uphold these elements to ensure fairness, transparency, and public trust in their actions and decisions.