In this module, you have learned about discretionary decisions made by criminal justice professionals. You will now apply this knowledge to analyze the potential repercussions of decisions made in the different branches of the criminal justice system. First, read each scenario in the Module Three Practice Activity Template. Identify the discretionary decision that must be made and the potential options. Next, describe what factors may impact the decision. Then, explain the possible repercussions of each choice, such as potential negative impacts, including the impact of making the wrong discretionary decision in regard to enforcement of law.
Police officers approach a group of minors, ages 14�15, skateboarding in the parking lot of a shopping center. When approached by the police officers and questioned about their identities, several of the minors give a lewd hand gesture to the officers. The police officers have a range of responses to employ, including giving the minors a warning or detainment, or arresting them for trespassing and obstruction of traffic.
At a bail hearing, the judge considers the release conditions of an adult defendant charged with assault and battery at a professional hockey game. The defendant has no prior criminal history, but was combative during the altercation and caused some damage to the arena and injury to the complaining witness. The defendant appears remorseful and embarrassed to be before the judge. The judge has the authority and discretion either to set bail, to release the defendant without bail on his promise to return, or to require the defendant to wear a GPS leg monitor.
A parolee who was previously convicted of a violent crime broke curfew by 30 minutes, which is considered a parole violation. This parole violation could cause the parolee to return to prison to serve the remainder of his sentence. When the parole agent inquired about the violation, the parolee stated that he had received an opportunity for overtime at his job, which caused him to break his curfew. The parole agent has tremendous discretion over the liberty of this parolee. However, the agent must also take public safety into consideration. The parole agent has the authority and discretion to report or ignore the violation.
Discretionary decision-making involves making choices and taking actions based on personal judgment, rather than following a set of predetermined rules or procedures. Choices can be anything from small decisions, like what to have for lunch, to larger ones like whether to accept a job offer.
Here are a few examples of discretionary decisions and choices:
A manager decides to hire a new employee based on their own judgment of the candidate's qualifications, rather than relying solely on a pre-established set of hiring criteria.
A student decides to study for a particular exam based on their own perception of what will be covered, rather than simply following a study guide provided by the instructor.
A parent decides to enroll their child in a certain school based on their own judgment of the school's reputation and curriculum, rather than simply selecting the closest school or the one recommended by a friend.
An individual decides to invest in a particular stock or asset based on their own research and analysis, rather than simply following the advice of a financial advisor.