RedDeadMaddie
Member
Assess the role of discretion in the criminal justice system
Discretion, or "the authority to make a choice or decision", is used throughout the entire criminal justice system (CJS). Though it may be controversial, discretion remains a helpful, and necessary part of the CJS and is used by a variety of power-holding groups. Such groups include the public; when reporting crime, the police; in deciding a reasonable amount of force, and also the judiciary; when judges and magistrates allocate punishments during the sentencing process.
The use of discretion is a key feature of the CJS: as no two criminal cases are parallel, discretion helps when taking into account individual circumstances and having the legal action respond accordingly. It enables the previously mentioned groups to react appropriately to their exact situation, such as a policeman deciding that the use of a taser is a reasonable use of force during an arrest.
Within the first step of the CJS; reporting, the public exercise their discretion when choosing whether to ignore or report a crime. As police usually do not see crimes being committed, they are constantly relying on victims and witnesses to report offences and begin the process of investigation and trial. Countering this, victims of crime may not report due to factors such as their relationship with the offender and the likelihood of a successful conviction, according to the AIC's report 'Reporting Crime to the Police' 1997. The 2008 SMH article 'Less crime but fewer reporting it, says expert' features statistics from an ABS survey that emphasize the use of discretion in reporting: "Of the assault victims in 2006-07, 18% said they did not approach police because the incident was too trivial and 10% said there was nothing police could do." The NSW Bureau of Crime Statistics estimate that up to 85% of sexual assaults go unreported, highlighting the immense use of discretion by victims of such personal crimes. This somewhat overuse of discretion causes a lack of reported crimes, which then becomes an issue for police and for society as the most effective deterrent for criminals is to make them believe they will get caught. It also poses a risk to society as the offender is not captured and is able to cause further harm. However, this power of choice is highly beneficial to the victims, as they can decide on the option best for their individual needs - whether it be taking the case to court or taking no action at all.
I'm sure I'm going into too much detail in my paragraph about reporting - probably not so, but this is just a 600 word essay and I have 2 other body paragraphs to go. The main problem I think I have is that my judgements in the last few sentences or so are not supported by any evidence given, and my use of media throughout is used for statistics and facts rather than opinion - I have spent days searching though, really struggling!
Discretion, or "the authority to make a choice or decision", is used throughout the entire criminal justice system (CJS). Though it may be controversial, discretion remains a helpful, and necessary part of the CJS and is used by a variety of power-holding groups. Such groups include the public; when reporting crime, the police; in deciding a reasonable amount of force, and also the judiciary; when judges and magistrates allocate punishments during the sentencing process.
The use of discretion is a key feature of the CJS: as no two criminal cases are parallel, discretion helps when taking into account individual circumstances and having the legal action respond accordingly. It enables the previously mentioned groups to react appropriately to their exact situation, such as a policeman deciding that the use of a taser is a reasonable use of force during an arrest.
Within the first step of the CJS; reporting, the public exercise their discretion when choosing whether to ignore or report a crime. As police usually do not see crimes being committed, they are constantly relying on victims and witnesses to report offences and begin the process of investigation and trial. Countering this, victims of crime may not report due to factors such as their relationship with the offender and the likelihood of a successful conviction, according to the AIC's report 'Reporting Crime to the Police' 1997. The 2008 SMH article 'Less crime but fewer reporting it, says expert' features statistics from an ABS survey that emphasize the use of discretion in reporting: "Of the assault victims in 2006-07, 18% said they did not approach police because the incident was too trivial and 10% said there was nothing police could do." The NSW Bureau of Crime Statistics estimate that up to 85% of sexual assaults go unreported, highlighting the immense use of discretion by victims of such personal crimes. This somewhat overuse of discretion causes a lack of reported crimes, which then becomes an issue for police and for society as the most effective deterrent for criminals is to make them believe they will get caught. It also poses a risk to society as the offender is not captured and is able to cause further harm. However, this power of choice is highly beneficial to the victims, as they can decide on the option best for their individual needs - whether it be taking the case to court or taking no action at all.
I'm sure I'm going into too much detail in my paragraph about reporting - probably not so, but this is just a 600 word essay and I have 2 other body paragraphs to go. The main problem I think I have is that my judgements in the last few sentences or so are not supported by any evidence given, and my use of media throughout is used for statistics and facts rather than opinion - I have spent days searching though, really struggling!
