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A Key Attribute of Decision Making in the Criminal Justice

Question 57

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A key attribute of decision making in the criminal justice system is the exercise of discretion by criminal justice personnel. Discretion has both positive and negative connotations and the use and abuse of discretion has been the focus of extensive research and debate. A few observers have argued that discretion should be abolished, while others have argued that discretion should be structured and confined with specific, published guidelines. Still other criminal justice observers argue that discretion is a healthy and necessary component of the criminal justice system and that no guidelines or controls on its exercise should be imposed on criminal justice decision makers. Discuss these issues.

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