CJ 230 Module three

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Southern New Hampshire University *

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230

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Finance

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Feb 20, 2024

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CJ 230 Module Three Practice Activity Template Analyzing Discretionary Decisions Complete the table below by replacing the bracketed text with the relevant information. Scenario Identification of Discretionary Decision and Choices Description of Influencing Factors Explanation of Possible Repercussions Scenario 1: 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. The officers are faced with the decision of how to respond to the teenagers’ behavior. The choices they have is to arrest, give a ticket or offer a verbal reprimand and tell the teenagers to go home. Officers can also choose to call the parents of the teenagers and wait until they are picked up and brought home (Morar & Cooper, 1983). The factors influencing the officers’ decision are the seriousness of the activity reported, their judgment on possible risks, prior history the teenagers have with the police, their attitude towards the officers, and their response when asked to identify themselves. If the juveniles are left alone their activity could result in an accident putting themselves and others in danger. If the officers arrest the juveniles, they will have to file reports and it can lead to criminal prosecution and a criminal record therefore building a negative relationship with the police. The teenagers’ opinion on the police could be positively changed based on the officers’ choice of actions. Scenario 2: At a bail hearing, the judge considers the release The judge has the choice of deciding the The influencing factors are the prior criminal If the bail amount is set too high over what the

Scenario Identification of Discretionary Decision and Choices Description of Influencing Factors Explanation of Possible Repercussions 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. conditions of the defendant’s release. He could choose to set a bail amount that the defendant would have to pay to get released, release him with no bail relying on the promise that the defendant will return to the court hearing or order the defendant to wear a GPS monitor that will track his movements ensuring compliance with the set conditions (Morar & Cooper, 1983). history of the defendant, the nature and circumstances of the altercation, the gravity of the injuries and damage of property, flight risk of the defendant, and the defendant’s attitude towards his actions (Morar & Cooper, 1983). defendant can pay it could result in incarceration. The defendant may fail to return to trial resulting in an arrest warrant, additional criminal charges and extra costs for the state. If the judge orders a GPS tracker it could pose an emotional hardship on the defendant. Scenario 3: 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 The parole agent must decide how to respond to the curfew violation. He can ignore it, report the violation or choose to call the employer to confirm the facts (Morar & Cooper, The amount of time that passed over curfew is an influencing factor. The defendant’s prior criminal history, whether his story is true and the risks he poses to society are If the parole agent decides to report the violation the parolee will go back to jail losing his job and freedom. If the story is true and the defendant did stay over time at work this incident will

Scenario Identification of Discretionary Decision and Choices Description of Influencing Factors Explanation of Possible Repercussions 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. 1983). deciding factors that contribute to the parole agent’s response (Morar & Cooper, 1983). cause him to be more cautious in the future. If the story turns up to be false, the defendant will face new charges and could go back to jail. Resources T K Morar, J L Cooper (1983). Discretion and the Criminal Justice Process . Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/discretion-and-criminal-justice-process#1-0

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