Discretion In The Criminal Justice System

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The idea of a systems paradigm is to think about the environment in a strategic manner and develop processes to achieve strategic goals. Using this lens, criminal justice is seen as being a network of interrelated agencies that work together to create the criminal justice system (Kraska 49). This orientation approaches this complex system by taking a step back and looking at the system in the context of the entire society on a macro level (49). The system involves many players, including police officers, prosecutors, offenders, judges and the public. The systems view is largely a result of the 1955 survey by the American Bar Foundation, created by Arthur Sherry. This survey revealed the role discretion plays in the criminal justice system and …show more content…
The field research found that “the criminal process was used routinely to handle a broad range of social problems including alcohol abuse, mental illness, family difficulties, petty financial disputes and other miscellaneous matters,” (65). New thinking and research was encouraged by this discovery of complexity (65). This new thinking included a change in the “idea that the police are primarily crime fighters,” which “was replaced by the new conventional wisdom that they are primarily peacekeepers,” (66). This idea was encouraged by Herman Goldstein, one of the original field researchers for the survey who proposed the idea of “problem-oriented policing,” along with “community policing” they emerged “as the most important new idea in policing in the 1980s (Kraska …show more content…
Each stage has less processing capacity than the one before, resulting in backward pressure, meaning it is quicker and easier to decide a case is complete than send it on to the next stage (83). But there is also a countervailing “forward” pressure (84). Take, for example, if a cop is called to the scene of a domestic dispute, but the wife refuses to press charges, even if it’s clear that there was abuse (84). If the cop chooses to arrest, it will be an uphill battle if the prosecution doesn’t have a cooperating witness, meaning the case will most likely be dismissed (84). However, if the cop doesn’t arrest the husband and a week later he kills his wife, the cop could be held responsible (84). Officer’s have to be sure if they don’t arrest an offender they won’t reoffend (84). Due to these conflicting pressures criminal justice must be able to “close cases that will stay closed,” (Kraska 85). Due to the progressive narrowing of the processing capabilities of each further level of the criminal justice system, all criminal justice workers have to release a certain portion of their caseloads, but they must do so without risking being portrayed as incompetent if the offender re-offends or the public or victim is

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