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The Harris Case: Formal Criminal Justice Process

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Recommended: Principles of police discretion

The Harris case is related to the course material because it illustrates the formal criminal justice process related to the court. Harris is being charged with a felony, which is why the case did not end in a plea bargain. The article also illustrates an instance in which discretion within law enforcement may be used. Hill points out that when investigating the murder the team failed to investigate other likely suspects.
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In the case of Tomcik vs. Ohio Department of Rehabilitation and Corrections, Janet Tomcik, the plaintiff, blamed the loss of her right breast on the fact that there was a major delay in her examination and treatment of her tumor. This could be known as nonfeasance negligence, which is the “failure to act when there is a duty to act,” (Pozgar, 2016). The corrections department, or in this case, the defendant, claimed that Tomcik`s cancer was already so developed, that her breast would have been removed regardless of when her official checkup and treatment took place. One stakeholder in this case is Janet Tomcik. She is the patient who not only lost her breast, but endured “physical pain, [and] emotional suffering,” (Tomcik, 1991).

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