1.9. How Cases Move Through the System 
SHANELL SANCHEZ 
How Cases Move Through the System 
The criminal justice process is not what gets portrayed on television, and most cases do not go to trial 
or result in a prison sentence. Part of the problem is that our current system is overloaded and ensuring 
due process and crime control can be more challenging than one thinks. In order to effectively process 
cases through the criminal justice system, discretion is an important tool for police, prosecutors, judges, and 
correctional officials. Discretion provides freedom to make decisions, specifically it is the power to make 
decisions on issues within legal guidelines. Many people see discretion as for the most powerful tool of the 
criminal justice system. 
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Exercise on Discretion 
Provide an example of discretion, which can be from a teacher in school, a dean, an officer, a judge, or boss. 
Describe what discretion impacted life outcomes today. When I was pregnant, my sister and I argued over the 
phone. This caused me to cry and emotions took over, which led to being pulled over. I encountered an officer 
who was understanding. He then told asked me to drive safely, and because my record was clean, he was not going 
to cite me. I was fortunate that I did not have to lose money for a ticket, and still, today, have never had a ticket. 
Ethics refers to the understanding of what constitutes good or bad behavior and helps to guide our 
behaviors. Ethics are important in the criminal justice system because people working in the system get 
authority, power, and discretion by the government. 
3 Imagine in the above case where the speeding and 
swerving occurred because the person drove drunk due to the break-up. It would be unethical for police to 
allow them to drive home because they were drinking and driving, which is a crime. Most people would see 
it an abuse of discretion if the officer said, “I know you are drunk, but break-ups suck. Please stop crying, 
drive home, and forget this happened.” Ethics and discretion often go hand-in-hand. 
1. Kessler, D. & Piehl, A. (1998). The role of discretion in the criminal justice system. The Journal of Law, Economics, and Organization, 
14(2), 256-276 
2. Gottfredson, M., & Gottfredson, D. (1988). Decision making in criminal justice: Toward the rational exercise of discretion. New York: Plenum 
3. Sellers, B. (2015). Ethics in policing. Wiley online library. 
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