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Questions and Answers
What is a potential negative consequence of discretion in the criminal justice system?
What is a potential negative consequence of discretion in the criminal justice system?
- It allows for the flexibility needed in unique situations.
- It ensures equal treatment for all individuals.
- It promotes transparency in law enforcement.
- It can lead to biased and arbitrary decision-making. (correct)
How did the legal treatment of children historically differ from that of adults?
How did the legal treatment of children historically differ from that of adults?
- Children were treated as miniatures of adults without considerations for their development. (correct)
- All children faced equal punishment regardless of age or understanding.
- Children were usually given harsher sentences than adults.
- Only children above the age of fifteen could be charged with serious crimes.
In what way can discretion serve a positive role in the criminal justice system?
In what way can discretion serve a positive role in the criminal justice system?
- It enables officials to exercise judgment according to specific contexts. (correct)
- It eliminates the possibility of personal biases in decision-making.
- It reduces the complexity of cases needing individual attention.
- It allows law enforcement to consistently apply the law without exception.
What does the concept of individual rights primarily protect in a democratic society?
What does the concept of individual rights primarily protect in a democratic society?
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How does the discretion exercised by prosecutors potentially impact different groups within society?
How does the discretion exercised by prosecutors potentially impact different groups within society?
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Study Notes
Individual Rights and Public Safety
- Individual rights protect citizens in a democracy by ensuring their freedom and autonomy.
- Balancing individual rights and public safety presents a challenge.
- Discretion in the criminal justice system can be both beneficial and problematic.
- Police discretion can lead to biased enforcement, potentially targeting specific groups.
- Prosecutorial discretion allows for fairness but can be misused for personal gain or prejudice.
Juvenile Justice System
- Historically, children were treated as adult criminals, with limited legal protection.
- The 19th century saw a shift in perception, recognizing children's developmental differences.
- The Juvenile Court Movement emerged in the late 19th century, advocating for separate justice systems for youths.
- The focus of the juvenile system shifted to rehabilitation and treatment rather than punishment.
- Reformers believed that children were fundamentally good and required a different approach to justice.
Discretion in Criminal Justice
- Discretion allows for flexibility in applying laws to specific situations.
- It can lead to unfair or biased outcomes if not exercised responsibly.
- Police officers' discretion in stop-and-search can result in racial profiling and over-policing.
- Prosecutors have considerable discretion in charging decisions and plea bargains.
- Transparency and accountability are essential to ensure the proper use of discretion.
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