Discretion: Well Intended? Harm Resulting

• In Event: Harm Reduction: Critical Issues in 'Theory vs Practice'

Abstract

This paper traces the changing nature of discretion as reflected through case dispositions. We examine and illuminate the assumptions (ethical, practical, political) associated with changes to the use of discretion in police interactions/training, prosecutorial decision making and judicial decision making in sentencing. We conclude with unearthing the complex relationships between and among policy decisions, political interests, financial concerns and discretionary practices packaged as “ethical, practical, and fiscally responsible” while producing extensive social harm.

Author

• Donna L. Selman, Illinois State University