Prosecutorial Discretion In Public Policy

Everyday police officers are faced with two difficult decision to make. Whether to intervene in the situation and how to intervene when they observe something suspicious or illegal happening. Police discretion is defined as having the power to make decision, and choosing how to respond to a given situation depending on the circumstances. Even though, there are law in place it is still up to a police officer own discretion. Ultimately, police officers have the choice to enforce the law and how to carry it out in public. In the text book “Policing America” by Ken Peak he states that there are two criminal law in discretion. “the formality and the reality. The formality is found in the statute books and opinions of appellate courts; the reality is found in the practices of enforcement officers” (82). He also, demonstrate when should each criminal law be use. However, there are negative and positive aspects of police discretion. Also, there are pros and cons of allowing patrol officers to make discretionary decisions.

This bill directs the Department of Homeland Security (DHS) to cancel removal and grant lawful permanent resident status on a conditional basis to an alien who is inadmissible or deportable or is in temporary protected status who: (1) has been continuously physically present in the United States for four years preceding this bill's enactment; (2) was younger than 18 years of age on the initial date of U.S. entry; (3) is not inadmissible on criminal, security, terrorism, or other grounds; (4) has not

DACA (sometimes called the Dreamers law) allowed people that came to the U.S. illegally as children to stay. Some people say those immigrants should be allowed to stay because they didn’t choose to come to America illegally and have only known America as their homeland. Others say their plight is sad, but the law is the law. Although the DACA program helps a few, this program should be dramatically changed because illegal immigrants can come here and not pay taxes while they get free healthcare and financial aid.

On June 15, 2012 President Obama put in an executive order called DACA (Deferred Action for Childhood Arrivals) which cancelled or delayed any form of punishment to these migrants from deportation of their children if their

Discretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. Discretion exists when courtroom actors (police officers, attorneys, judges) have the flexibility to choose an appropriate response to a situation. Police discretion is defined as “The opportunity of law enforcement officers to exercise choice in their daily activities” (Nowacki, 2015). This means that actors with a great deal of discretion at their disposal may allow biases to affect their decision-making. These decisions lead to important implications throughout the criminal justice process, especially in the courtroom. The process begins with the decision to arrest by a law enforcement officer in the field. Once the case is forwarded to the prosecuting attorney, multifarious avenues of discretionary decisions are available to resolve a case. Potential issues that could arise and that are ever-present in everyday policing include racism, sexism and socialism (Miller, 2015). These issues ultimately have a negative affect on the criminal justice process, leading civilians to not trust the one process and actors that are there to help them. While discretion should play a role in the actions a courtroom actor takes and cannot be eliminated entirely, instead it should be limited and controlled throughout the criminal justice environment so that citizens can once again trust the process and so that there will be no disparities.

DACA was created by the Obama administration in June of 2012 with the vision to relief deportation and giving protection to foreign minors who entered the country illegally so that they could stay, work and get education without being deported to their country of origin. DACA has been entitling to controversy and uncertainty since the Trump administration because this action provides the recipients the opportunity to receive a two year renewable deferral of deportation, a work permit and benefits provided by the government. This action has been rescind by the President Donald Trump on September of 2017; more than 800,000 recipients (known as DREAMers) are left with concerns, worriers and fears of being deported to their country of birth because their families, education, friends and life is here in The United States.

In June 2012 the Obama administration announced the creation of the Deferred Action for Childhood Arrivals (DACA) program. The program grants deferred action (protection from deportation) and work authorization to certain young unauthorized immigrants who came to the United States as children, have pursued an education, and have not committed serious crimes or pose no national security threat (Hipsman, Faye, and Doris Meissner, 2014). Individuals who are granted DACA status are considered as being "lawful presence," regardless of their citizenship which makes individuals eligible for driver's licenses and other state-determined benefits where states choose to grant them (Adams, Angela, and Kerry S. Boyne, 2015). The individuals who apply to DACA have to go through intense background checks, which includes fingerprint analysis, to make sure the individuals are safe for society. For all purpose DACA students are one step closer to legal status and have been deemed to be helpful to society. Many opponents of in-state tuition for undocumented students claimed that because the students could not legally work the state would lose money, however DACA has changed things forever. Now the DACAmented students can get jobs and pursue the careers they studied for in college (Adams, Angela, and Kerry S. Boyne, 2015). According to Migration Policy Institute, it is estimated that 1.7 million individuals are eligible for the DACA program. As of March 2013, the program's rolling application process has seen 469,530 requests and USCIS has approved 245,493 cases (Hipsman, Faye, and Doris Meissner, 2014). These immigrants pay taxes (i.e, sales taxes) and now they are working legally, which means more revenue for the state in both wage and sales taxes. The third policy alternative would ease the worries of anti-Texas Dream Act in the respect that the students

Many would argue that DACA immigrants, along with many other immigrants coming into the US, would cause a decrease in the quality of life for current American citizens living here now. When people from around the world coming into the US, this creates more supply and demand. With prices increasing and more resources being reduced with more people coming into the US, current citizens living in this country would not want more immigrants coming in. Even though there are

In September of 2017, the Trump administration made a statement saying that DACA (Deferred Action for Childhood Arrivals) will come to an end, calling the program unconstitutional and criticizing it as "unilateral executive amnesty." DACA is an executive order created by former President Barack Obama, and the program allows hundreds of thousands of young immigrants who came to the United States as a child illegally to remain in the United States. The majority of applicants to DACA cannot have serious criminal history and must have been brought to the US before 2007, under the age of 16. DACA allows for these young people to live and work inside the US legally without risk of deportation. Now, the issue with Trump ending

Since the beginning of time, the United States’ Criminal Justice System (CJS) has been scrutinized and will continue to be. If significant changes were to occur within the CJS it could potentially take decades. Different persons, institutions, governments, and even departments within governments have different views; it is a natural occurrence. Thus, as with any subject matter, there are always controversies that cause disruption within society. Often, the controversies stem from the lack of understanding and the historical patterns of unsupported data.

DACA (Deferred Action for Childhood Arrivals) was created in 2012 by the Obama administration after the DREAM (Development, Relief, and Education for Alien Minors) Act failed. It allows children under the age of 17 that were brought into the country illegally to gain temporary protection from deportation, a Social Security card, a driver’s license, and permission to obtain a work

Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus, a person who is authorized with the power of discretion often thinks about how to apply the given supremacy.

Eric Hoffer once said, “It almost seems that nobody can hate America as much as Native Americans. America needs new immigrants to love and cherish it.” Deferred Action for Childhood Arrivals (DACA) was an American immigration policy passed by President Barrack Obama administration on June 15th, 2012 that permitted minors, also known as Dreamers, to enter the nation with no legal status. President Donald Trump has rescinded the DACA policy, that protected 800,000 immigrants, as of September 5th, 2017. The reversal of this policy will only serve to separate families, deny children much needed medical care, and limit their educational opportunities.

Pay particular attention, in a letter from Attorney General Sessions to Acting Secretary, Duke, on the Rescission of DACA; Sessions wrote, "The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens." That speaks volumes about DACA and

The term discretion has several meanings the liberty to decide what should be done in a specific circumstance is one general universal definition. But when dealing with criminal justice and police work the description changes a bit. The criminal justice definition of discretion is Police discretion discusses the authority given to a police officer that allows him or her to decide how to best handle a certain situation. This is designed at increasing the flexibility of the criminal justice system as the punishment may not always be the suitable approach of dealing with crimes. Discretion may also permit a police officer to overlook a minor offense giving the offender a warning. But with discretion the officers try not to overdue the law by