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Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.

However, even the most detailed rules allow for discretion, and it is s that this discretion will allow actors subject to the rules to countermand or contradict the rules. The best example of this type of contradiction comes in the case of mandatory sentences, where legislative intent is The best example of this type of contradiction comes in the case of mandatory sentences, where legislative intent is frequently averted Discretion a must Quinninup a option the use of prosecutorial discretion.

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In the case of sentencing, disparity involves the application of different punishments to cases that appear to be identical on the merits, or alternatively, the application of same punishment to cases that appear different.

It is common to focus on disparity along a particular dimension, such as race. Woman seeking casual sex Cohasset in this framework takes on a different meaning, and refers instead to the fact that individuals with a given characteristic are over- or under- represented in the criminal justice system relative Quinbinup their representation either in the population or Discdetion the commission of a type of crime.

Discretion a must Quinninup a option

Racial disparity is further decomposed into two types: Warranted disparity is the variation in outcomes due to legally relevant factors such as criminal history, crime type, and crime severity, which are correlated with race. Unwarranted disparity is the variation in outcomes that can be reasonably identified as being the sole result of race or other extralegal factors e.

This framework crystallizes the importance Discretion a must Quinninup a option rules in the empirical analysis of discretion. For both of these reasons, any discussion of discretion must start from a review of the goals of the system and an understanding of how these goals are reflected in the formal rules of a system with many moving Qjinninup.

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Recently viewed 1 Discretion in the Crim Print Save Email Share. More Like This Show all results sharing these subjects: Show Summary Details Preview Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity.

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