Thursday, November 21, 2019
2 Questions Essay Example | Topics and Well Written Essays - 250 words
2 Questions - Essay Example suspicion or ââ¬Å"hunchesâ⬠, they must have an authorized and documented permission and evidence to base their actions on (Samaha, 2011). If violated, this is the violation of the constitutional rights of the individual, and, hence, a criminal activity. Q2: The statement "judge-made law leaves plenty of play in the joints for criminal justice professionals to exercise discretionary decision making" can be understood if it is broken down into several parts and analyzed (Samaha, 2011). Firstly, it should be understood that not all laws are drafted in the constitution; some are made at the state or county levels by the local judges (Samaha, 2011). These laws are defined for the day-to-day working of the police officers during their duty out in the field (Samaha, 2011). Most of these are related to the criminal procedures, and since they are not very circumventive or clearly defined, these laws leave much to the discretion of the police officers to decide on the spot as to the best approach and nature of action (Samaha, 2011). Hence, it is known as discretionary decision making or informal decision making (Samaha, 2011). It is very flexible and the officers have a lot of room to operate, hence the phrase ââ¬Å"play in the jointsâ⬠(Samaha, 2011). The real danger in this regard is transgression of individual constitutional rights of the suspects that these officers might be investigating or interrogating. They have to make sure that they are not violating any laws themselves and have to act in strict accordance with the defined and determined laws and modes of
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.