Discretion in the U

Discretion in the U.S. criminal justice system was at one time defined by Roscoe Pound, a legal scholar and educator (1960) as follows: "an authority conferred by law to act in certain conditions or situations in accordance with an official's or an official agency's own considered judgment and conscience." Discuss the following:

• Do you think there is too much discretion in the criminal justice system? Explain.
• Are there certain jobs or roles in the criminal trial process (from investigation through appeal) that have more discretion than other jobs or roles?
• Is there too great a concentration of discretion in particular jobs or roles in the criminal justice system?
• Do you think it would be desirable to limit the amount of discretion in the criminal justice system? If so, how would you do this? What might be the effects?