Enhancing the Criminal Justice System through the Proper Use of Discretion and Ethics

by | Nov 3, 2023 | criminal justice

 

The proper and just use of discretion in criminal justice requires the authority to choose between and among courses of action based on ethical considerations, individual judgment, conscience, and a collective understanding of the type of crime involved and the seriousness of it. Collectively, the discretionary decisions made by criminal justice professionals are said to produce an informal criminal justice process that does not operate within the rigid confines of formal rules and laws.
Consider the first three steps of the Criminal Justice Decision Making Model, and think about the questions associated with each as you prepare to write your paper:
Step One: Define the problem (and the questions that need to be answered). Read the information on “Discretion and Ethics.” What is discretion, and how does it contribute to the criminal justice system?
Step Two: Gather evidence (law, policy, procedure, data) and evaluate for relevancy. What stories can you find in the media on the use or lack of use of discretion and/or ethics in criminal justice, and how do they influence our perceptions of it?
Step Three: Weigh moral considerations and direct/indirect consequences. Did you have any misconceptions about the use of discretion and ethics based on what you have seen in the media? If so, what were they?
Following Steps Four and Five of the Criminal Justice Decision Making Model, write a three-page essay in which you discuss what discretion is and how it can and should be used to enhance, not diminish, the criminal justice system and all of its components. As you write your essay, focus on sentence structure, making sure you write sentences with complete verbs. Also, try to avoid run-ons and comma splices. Cite your sources in APA format to support your points.
Step Four: Write your proposal, using the above material.
Step Five: Balance your position by addressing alternatives and potential pitfalls.
Your paper should be a minimum of three pages, standard format, double spaced.  This is a 30 point assignment: your assessment should be thorough, your analysis should be thoughtful and detailed, your conclusions and proposals should be well formulated and evidence-based; and your report should be well-articulated and college quality, including spelling and grammar and structure.

 

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.


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God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Answer

Sample Answer

Title: Enhancing the Criminal Justice System through the Proper Use of Discretion and Ethics

Introduction:
Discretion plays a vital role in the criminal justice system, allowing professionals to make informed decisions based on ethical considerations, individual judgment, and a collective understanding of the nature and severity of crimes. This essay aims to explore the concept of discretion, its contribution to the criminal justice system, and how it can be utilized to enhance the system’s effectiveness. Additionally, we will examine media portrayals of discretion and ethics in criminal justice, addressing potential misconceptions and highlighting the importance of a balanced approach.

Step One: Define the problem (and the questions that need to be answered). What is discretion, and how does it contribute to the criminal justice system?

Discretion refers to the authority granted to criminal justice professionals to make judgments and decisions based on their expertise, ethical considerations, and the specific circumstances of each case. It allows professionals to navigate complex situations where strict adherence to formal rules may not yield just outcomes. Discretion contributes to the criminal justice system in several ways:

Individualized Justice: Discretion enables professionals to consider unique factors and tailor responses that fit the specific circumstances of each case, promoting fairness and proportionality.

Efficiency: By allowing professionals to exercise judgment, discretion streamlines the criminal justice process, ensuring that limited resources are allocated effectively and efficiently.

Flexibility: Discretion allows for adaptation to changing societal norms, emerging issues, and advancements in research and technology, ensuring that the system remains responsive and relevant.

Step Two: Gather evidence (law, policy, procedure, data) and evaluate for relevancy. What stories can you find in the media on the use or lack of use of discretion and/or ethics in criminal justice, and how do they influence our perceptions of it?

Media stories often shape public perceptions of the criminal justice system. While some stories may highlight instances of misuse or abuse of discretion, it is crucial to consider a range of perspectives to avoid forming misconceptions. Examples of media stories on discretion and ethics in criminal justice include:

High-profile Cases: Media coverage of cases involving prominent individuals may focus on allegations of preferential treatment or unethical use of discretion, leading to public skepticism about the system’s fairness.

Sentencing Disparities: Media reports on disparities in sentencing between individuals from different backgrounds can raise questions about consistency and fairness in the application of discretion.

Police Use of Force: Incidents involving police use of force often garner significant media attention, sparking debates about the appropriate use of discretion and ethical decision-making within law enforcement agencies.

Step Three: Weigh moral considerations and direct/indirect consequences. Did you have any misconceptions about the use of discretion and ethics based on what you have seen in the media? If so, what were they?

Media portrayals can sometimes create misconceptions about the use of discretion and ethics in the criminal justice system. It is important to critically evaluate these portrayals and consider multiple perspectives before forming judgments. Potential misconceptions may include:

Overgeneralization: Media stories focusing on instances of misconduct may lead to an overgeneralization that all criminal justice professionals act unethically or misuse discretion.

Lack of Context: Media reports often simplify complex cases, omitting crucial details that influenced discretionary decisions. This can create a skewed perception of how discretion operates in practice.

Bias Confirmation: Exposure to media stories that align with preexisting beliefs can reinforce biases and undermine an objective understanding of the proper use of discretion.

Conclusion:
Discretion, when used ethically and judiciously, enhances the criminal justice system by allowing professionals to make informed decisions that prioritize fairness, efficiency, and adaptability. While media stories can influence public perceptions, it is essential to critically evaluate them to avoid misconceptions. By acknowledging the importance of discretion, addressing potential pitfalls through transparency and accountability measures, and promoting ongoing training in ethics, we can ensure that discretionary decisions contribute positively to a just and effective criminal justice system.

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