Ch.5 - Book - America's Courts and the Criminal Justice System by Essay

Ch.5 - Book - America's Courts and the Criminal Justice System by David W. Neubauer, Henry F. Fradella - 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 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 has contributed to discretionary justice. The decisions are exercised by a local patrolman 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 charge to be passed. The judge exercising discretionary powers in respect to passage of a sentence will determine the am ount of time the person will remain in the