When I took street law in my senior year in high school, they told us something interesting. When a police officer chooses whether or not to arrest someone, he is exercising police discretion. I knew police sometimes chose not to arrest someone. But I didn't know there was a name for that. I later found out that discretion can be exercised at every point in the criminal process. The prosecutor, the judge, the person filing charges I guess. They can exercise discretion at anytime, and stop the prosecution of the suspect. And my understanding is that is usually a good thing. Basically everyone would be in jail, if every law was vigorously enforced. They used to joke in my HS that it was illegal in that city to spit on the sidewalk. That law went back to the time when there was a Tuberculosis epidemic in that city. But the joke was teenage boys back then like spitting on the sidewalk. So they'd all be arrested. And, it brings human concepts to the criminal process, like mercy and fairness. But I have wondered. Couldn't discretion be a bad thing sometimes? Like in the South, in the past, sometimes police didn't arrest people for lynchings against African Americans there. Discretion could harm groups like that, or any group who is the victim of a hate crime. What does a person do in a situation like that where their rights were violated, but the justice system refuses to help them? Is there any way to force the justice system to take action? Especially when it is a hate crime like I just said?
For minor crimes where there is no real victim, discretion is fine, as long as the authorities are fair and consistent. Here in the UK police have three options depending on the offence. A simple verbal warning, an on the spot small fine, or an official warning that will be taken into account if further offences are committed. You have the option to refuse an official warning if you feel that you are innocent. This is because it can exempt you from applying for certain jobs, such as a care worker, teacher, paramedic, or police officer.
I'm not sure that the issue in the South was inappropriate discretion. Weren't some of the police involved in the crimes? That's a whole different thing from discretion.
