Discretionary decision making
The exercise of discretion in the criminal justice system and related agencies often plays a fundamental part in decisions which are made; a concept central to the meaning of justice. However, the definitions of discretion can be murky, and regardless of its importance, it can be a highly arguable concept with significant controversy surrounding its nature and legitimacy.
—L. Gelsthorpe & N. Padfield
As you have learned throughout this course, discretion is a major factor in the decision-making process in criminal justice. Discretionary decisions are made and influenced by various factors in the field, both internally and externally, which can make discretion a highly controversial concept. For this discussion, we will explore influential internal and external discretionary factors.
In your initial post, explain one internal factor and one external factor that affect discretionary decision making. Why did you select these factors as being influential? Can you provide one example you have seen in public or in the media of each of these factors impacting discretionary decision making?
Sample Solution
Internal discretionary factors include the personal values, beliefs and biases of individual professionals who are making decisions. These values, beliefs and biases can influence decision-making in numerous ways, from believing that certain types of crimes require harsher penalties than others to being more lenient with individuals from particular backgrounds or belief systems. External factor affecting discretion is public opinion and political pressure placed on criminal justice agencies to treat certain cases differently than others (Young & Piquero, 2019). For example, a high profile case may be treated much differently due to media attention and outcry for a specific outcome. By understanding the internal and external influences impacting decision making in criminal justice settings it is possible to ensure fair outcomes are reached within legal guidelines.
