It is expected that, at a minimum, the answer to each question will require a 500- to 700-word response. Must have in text citations and references, scholarly resources.
Question 1
Many argue that discretion pervades the criminal justice system. Some argue that this is a good thing, while others argue that this is a bad thing. Please begin your answer by defining the concept of discretion. Next, advance a position as to whether discretion is a good thing or a bad thing.
Cite scholarly evidence to support your position. Please note that this question is not simply asking you to give an opinion. It requires evidenced based reasoning in order to advance a scholarly position.
Question 2
The prosecutor is considered the "gatekeeper" of justice in the criminal justice system. In this regard, the prosecutor yields copious amounts of power via the use of prosecutorial discretion.
Explain the ways in which a criminal prosecutor may exercise discretion in their day to day duties. Be specific in your analysis. Might there be opportunities for a prosecutor to abuse their discretion? Give at least two examples as to how this may occur.
Question 3
Taming the System, Samuel Walker accounts for the two bail reform movements that took place in the United States beginning in the 1960's.
Please explain, with sufficient detail, each of the two bail reform movements in the United States. Your answer should pay particular attention to the decision makers use of discretion in the bail setting process during each of the bail reform movements.
Question 4
Police officers exercise considerable discretion over the course of their day to day duties. Please provide at least 4 examples of how a police officer may engage in utilizing discretion from initial contact with an alleged offender through post arrest scenarios.
How has the United States Supreme Court controlled unfettered police discretion via jurisprudential interpretations of the 4th and 5th amendments of the United States Constitution?
Question 5
In the sentencing process, judges consider a variety of factors (case attributes) that ultimately dictate the sentence imposed upon a criminal defendant.
Please enumerate several attributes of a criminal case that affect a judge's sentencing decision. Do extra-legal factors play a role? If so, how. Lastly, how have legislatures reduced judicial discretion over the past 30 years? Please be specific and cite all relevant evidence.