CJ 230 Module Three Practice Activity Template
Analyzing Discretionary Decisions
Complete the table below by replacing the bracketed text with the relevant information.
Scenario Identification of
Discretionary Decision
and Choices
Description of
Influencing Factors
Explanation of
Possible Repercussions
Scenario 1:
Police officers approach a group of minors, ages 14–15,
skateboarding in the parking lot of a shopping center.
When approached by the police officers and questioned
about their identities, several of the minors give a lewd
hand gesture to the officers. The police officers have a
range of responses to employ, including giving the minors
a warning or detainment, or arresting them for
trespassing and obstruction of traffic.
The police officers
decide how to handle
the minors' behavior.
They could give the
minors a warning,
detain them, or arrest
them for trespassing
and blocking traffic.
Factors that influence
this decision include
the minors' ages (14–
15), which suggests
they might not fully
understand the
consequences of their
actions. While
disrespectful, the
seriousness of the
offence may not
require harsh legal
action. Maintaining
good relations with the
community is essential;
a harsh response could
damage trust. A
stricter response might
be needed if these
minors have done
similar things before,
and the need to keep
[Insert text.] If the
officers give a warning,
it could build
community trust and
teach minors lessons
without severe
consequences. But, this
might need to be taken
more seriously, leading
to repeated behavior.
Detaining the minors
could show that such
behavior is not okay
and stop future
incidents, but it might
escalate the situation
and lead to complaints
of over-policing.
Arresting the minors
would show that
trespassing and
blocking traffic are
Scenario Identification of
Discretionary Decision
and Choices
Description of
Influencing Factors
Explanation of
Possible Repercussions
order in the shopping
center matters.
serious, but it could
result in wrong public
perception, strain
police resources, and
negatively affect the
minors' records.
Scenario 2:
At a bail hearing, the judge considers the release
conditions of an adult defendant charged with assault and
battery at a professional hockey game. The defendant has
no prior criminal history, but was combative during the
altercation and caused some damage to the arena and
injury to the complaining witness. The defendant appears
remorseful and embarrassed to be before the judge. The
judge has the authority and discretion either to set bail, to
release the defendant without bail on his promise to
return, or to require the defendant to wear a GPS leg
monitor.
The judge decides on
the defendant's release
conditions. The options
are setting bail,
releasing the
defendant without bail
on his promise to
return, or requiring the
defendant to wear a
GPS leg monitor.
Factors influencing the
judge's decision
include the
defendant's lack of a
criminal record, which
indicates that this
behavior is not typical.
The offense, which
provides for causing
injury and damage,
must be considered.
The defendant's
remorseful and
embarrassed behavior
might suggest he won't
re-offend. Public safety
is crucial, ensuring the
defendant is not a
threat to the
community. The risk of
the defendant not
Setting bail gives the
defendant a financial
reason to return for
trial, but it might be
considered unfair if he
can't afford it, leading
to pre-trial detention.
Releasing him without
bail respects his clean
record and remorse,
avoiding unnecessary
detention, but he
might not return for
trial, though this seems
unlikely. Requiring a
GPS monitor keeps
track of his movements
while allowing him
freedom, but it could
be seen as intrusive.
Scenario Identification of
Discretionary Decision
and Choices
Description of
Influencing Factors
Explanation of
Possible Repercussions
showing up for trial
must also be
evaluated.
Scenario 3:
A parolee who was previously convicted of a violent crime
broke curfew by 30 minutes, which is considered a parole
violation. This parole violation could cause the parolee to
return to prison to serve the remainder of his sentence.
When the parole agent inquired about the violation, the
parolee stated that he had received an opportunity for
overtime at his job, which caused him to break his curfew.
The parole agent has tremendous discretion over the
liberty of this parolee. However, the agent must also take
public safety into consideration. The parole agent has the
authority and discretion to report or ignore the violation.
The parole agent must
decide whether to
report the parole
violation or ignore it.
Relevant
considerations include
the seriousness of the
violation, staying out
an extra half hour past
curfew, which is a
minor issue and the
reason for the breach,
and working overtime,
which showed the
parolee was integrating
back into the
workforce. The
parolee’s record of
past compliance and
behavior, the public
safety concern, which
required the agent to
balance the parolee’s
rehabilitation with the
need to maintain
system trust, and the
parolee’s attitude and
demonstration of
Reporting it preserves
parole rules but might
send the parolee back
to prison, and the
shock to his family and
employer would have
bad consequences for
his chances of being
rehabilitated. Turning a
blind eye is
rehabilitative and helps
the parolee stay
employed and
reintegrated, but it
might cause them to
think they can continue
to violate the rules set
for their parole.
Scenario Identification of
Discretionary Decision
and Choices
Description of
Influencing Factors
Explanation of
Possible Repercussions
trustworthiness are
also influencing
factors.
