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The U.S. system of government and criminal justice system
place certain authority and responsibility upon the law
enforcement officer, the prosecutor, and the judge. Each
individual has various degrees of discretion that can
be exercised in performing duties at different times during each
stage of a criminal procedure. The exercise of discretion can
have a tremendous impact on the manner in which a criminal
case is investigated, prosecuted, or sentenced.
Part 1:
Provide concrete examples of when and how each of these
officials of the criminal justice system (law enforcement
officer, the prosecutor, and the judge) may appropriately
exercise discretion at the six stages of criminal procedure:
The investigation stage
The arrest stage
The pretrial stage
The trial stage
The appeal stage
The serving the sentence stage
Remember that one or more of these officials will have little or
no involvement in all six stages of criminal procedure; however,
for each stage, indicate which official has the power to exercise
discretion and how that discretion can be legitimately exercised
by that official.
Part 2:
Then, suggest guidelines that are now, or that could
legitimately be, imposed by law to limit the arbitrary use of
each official’s power of discretion. Provide support or examples
for each of the guidelines that you have suggested.
The U.S. system of government and criminal justice system place cert.docx

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