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Discretion In Criminal Justice

802 Words4 Pages

Discretion has a fairly effective role within the justice system, specifically when looking at the sentencing and punishment of offenders. Discretion can have a distinct effect on the outcome of a case. The role of decision making through an individual may provide for a different insight into different cases which therefore means that no two verdicts are reached in the same way. The role of discretion when looking at charge negotiation (or plea bargaining) is to decide whether or not the accused may be granted a 'lesser ' punishment in exchange, they plead guilty. from prosecutors. This is a highly controversial topic within the criminal trial system as it begs the question, does resource efficiency outweigh the actions? In keeping with the …show more content…

In an attempt to confront this issue, the government has implemented a mandatory sentencing regime. A criticism as raised by society in regard to mandatory sentencing is inflicting limitations on a judge 's sentencing ability. This is due to the continuance of the question being asked in regard to if the punishment being inflicted upon offenders is in keeping with the severity of their offence. For example, in order to make a bold statement, the penalty for killing an on duty police officer carries a mandatory sentence of life imprisonment. Premier Barry O 'Farrell stated that "This is about ensuring that there 's the strongest possible message". Although this is arguably a little extreme, the case about making a point stands. Through this message, society now has the potential to grasp how certain matters are treated by the law. One of the issues with mandatory sentencing is that there is no flexibility for any future cases. Mr Cowdery, a retired DPP officer said, "judges needed discretion in sentencing to ensure the punishment fitted with the circumstances of the crime and the criminal themselves". Mandatory sentencing poses a large threat to society, due to the limitation on a judge 's ability to sentence in accordance with the severity of the offence, an individual may receive a punishment much harsher than they may

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