Internal Versus External Discretion

In your initial post, explain one internal factor and one external factor that affect discretionary decision making. Why did you select these factors as being influential? Can you provide one example you have seen in public or in the media of each of these factors impacting discretionary decision making?

In response to two of your peers, state whether you agree or disagree with the factors your peers selected. If you agree with the factor, explain why you support it. If you do not agree, explain why another factor may be more influential than the one your peer mentioned in their initial post. Remember to always be respectful when replying to peers, even if you do not agree with their stance or rationale.

Peer1: An internal factor in the decision-making process can be an individual’s morals, beliefs, culture, and integrity. An external factor could be mandatory arrest policies or laws. I chose these two because, in my opinion, they are the most influential factors in real-life decision-making. For example, mandatory arrest policies force the decisions already for officers as we have seen in the scenarios given in Rhode Island where domestic situations are a mandatory arrest of the primary aggressor. . An individuals morals also play a major factor in an individual’s discretionary decision-making process.

Andrew

Peer2: As we have learned throughout this term, the exercise of discretionary decisions in the criminal justice can be influenced for many reasons. In this discussion, Internal factors can be if someone has morals or to be known as religious which can affect the discretion one would make. It can go against their beliefs and what is right to them because of the way they were raised. One external factor can be minimum sentencing or sentencing guidelines which is an influencing factor in the criminal justice system. For example, As I used in the earlier discussions, the situation with the Cuban trucker who was sentenced to 110 years in prison per minimum sentencing. In that situation, the judge admitted that he sentenced the trucker according to sentencing guidelines and that he could use his discretion to make a better judgement.

References:

Gelsthorpe, L. & Padfield, N. (Eds.). (2003). Exercising discretion: Decision-making in the criminal justice system and beyond [Abstract]. Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=202489

Andy Garcia

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Internal Versus External Discretion

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