Discretionary Decisions - Essay Example

Discretionary decision making occurs in the criminal courts to determine whether the person will enter the system and the kind of treatment the offender will receive while in the system. These decisions lead to the development of behaviors, policies, and attitudes which are not formally reviewed through the traditional channels within the legal system. In addition, the decisions making laws exist to the distinct disadvantage of the minor offender. The value system, attitudes, and characteristics of the people empowered to implement discretion laws as well as the absence of structures to review decisions have contributed to discretionary justice.

The decisions are exercised by a local patrolman to determine the kind of laws to be enforced and against which person. Discretionary decisions made by a prosecutor determine the person to be charged with an offense and the nature of the charge to be passed. The judge exercising discretionary powers with respect to the passage of a sentence will determine the amount of time the person will remain in the system. Some specific examples of prosecution discretion are; 1. McCleskey v. Kemp, 481 U.S. 279 (1987)2.

United States v. Salerno, 481 U.S. 739 (1987)3. Santobello v. New York, 404 U.S. 257 (1971)4. Boykin v. Alabama, 395 U.S. 238 (1969) 5. United States v. Salerno, 481 U.S. 739 (1987)