3-2 Assignment Elements in Discretionary Decision Making

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3-2 Assignment: Elements in Discretionary Decision Making CJ-230 Nailah Cortez 28 January 2024 When it comes to the role of discretion in Criminal Justice it is the power of the judge, public officials, or a private party that acts accordingly to their own judgment and conscience within the legal principles. Discretion is the ability to help judge between right or wrong and who would be held liable for ones conduct (Legal Information Institute, 2022.) In law enforcement it is important that discretion is used, because when it comes to the different police procedures they are not always going to clearly be defined in law and community law can be different from the current standards (Reed, B.1980.) The article that I had chosen focused on the police shooting of a 13-year-old autistic boy and had faced serious injuries. The shooting had taken place in Salt Lake City in 2020, it was said that the boy who had Asperger syndrome was experiencing a mental breakdown. It was said that when the boy would become mad, he would start screaming and yelling, and the day of the incident the mother had called the police to report her son was just a kid trying to get attention. When the police arrived, she had told them that he had run away from there all the mother could hear was someone say get on the ground followed by several gunshots. The boy was said to have run from the police, which I had caused one of the officers to fire his gun. He was said to have been unharmed and caused the mother to believe why he wasn’t at leased tase or shot with rubber bullets, what had caused the officers to have shot the boy. Luckily the boy is alive and no one
else was injured and there was a pending investigation to determine what had caused the shooting to occur (Treisman, R., 2020.) Integrity plays a role in discretionary decision-making process is that it ensures that the decisions that are being made with honesty, and it is free from other types of bias and motives. Having integrity in law enforcement helps stop misconduct and corruption. It is important to ensure that officers have integrity because people rely on honesty from law enforcement, and it can help make it easier to trust police (National Institute of Justice, 2016.) If law enforcement would have used integrity when it came to the shooting of the 13-year-old teen, if officers were honest to explain how they didn’t know how to handle the child with needs could’ve helped them prevent them from shooting him, and took the proper precautions that could actually help.
References Legal Information Institute. (2022, October). Discretion. Legal Information Institute. https://www.law.cornell.edu/wex/discretion#:~:text=Discretion%20is%20the%20power %20of,liable%20for%20one’s%20own%20conduct. Reed, B. (1980). Issues and trends in police discretion. Issues and Trends in Police Discretion | Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/issues-and-trends- police-discretion#:~:text=Discretion%20is%20necessary%20to%20effective,may%20differ %20from%20current%20norms. Treisman, R. (2020, September 9). 13-year-old boy with autism disorder shot by Salt Lake City police. NPR. https://www.npr.org/2020/09/09/910975499/autistic-13-year-old-boy-shot-by-salt- lake-city-police Police integrity and how to improve it. National Institute of Justice. (2016, June 26). https://nij.ojp.gov/topics/articles/police-integrity-and-how-improve-it
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