Policing

• Flexibility (Discretion)


  Discretion lets legal pros handle each case differently based on its own facts.

  
  

  For example, a police officer might choose to just give a warning, arrest someone, or suggest they join a program instead, depending on how bad the situation is, the person's past, and any other things that might make a difference.

  
  

  This helps the system deal with lots of different situations well and make decisions that fit each case.
• Thinking about the big picture (Discretion)


  Discretion lets legal pros look at the whole situation around a crime, like the person's background or why they did it.

  
  

  So, a judge might decide on a punishment by thinking about things like if the person is sorry, if they've been helpful, or if they're trying to change.

  
  

  This helps make sure the punishments are fair and take into account what's going on with the person and the victim.
• Getting things done (Discretion)


  Discretion can help make the criminal justice system work faster and better by making decisions quicker and using resources where they're most needed.

  
  

  For example, prosecutors might choose which cases to go after based on how much evidence there is, how serious the crime is, and if they think they can win.

  
  

  And judges might make choices in court to speed up the process, like giving more time or deciding on deals between the parties, so things move along smoothly.
• Inconsistency (Discretion)


  Discretion can lead to varying decisions in similar situations, as different legal professionals may make choices differently, resulting in different outcomes for individuals with similar cases.

  
  

  For example, studies have found that arrest rates, how charges are decided, and the punishment given can all vary based on things like a person's race, ethnicity, gender, or how much money they have.

  
  

  These differences can make people feel like the criminal justice system isn't fair or equal for everyone, which can make it harder for the system to work well.
• Bias and Discrimination (Discretion)


  Discretion can be influenced by unfair feelings or opinions that legal professionals might have, whether they realize it or not. This can mean that certain groups of people are treated unfairly.

  
  

  For instance, research has shown that there are differences in how often people of different races are stopped by police, searched, or treated forcefully.
• Lack of Accountability (Discretion)


  When decisions are made based on discretion, it can be hard to see why those choices were made or to hold people responsible for them. For example, police officers might not face consequences if they use too much force or treat people unfairly.

  
  

  Prosecutors may not face consequences for unjust actions, and judges may lack clear rules for punishment decisions. Without effective methods to ensure fairness and accountability for unfair choices, it can be challenging for people to trust the justice system's fairness and functioning.