Question

A person called the police to report teenagers loitering in a residential neighborhood. When an officer arrived on the scene, the officer saw the minors throwing toilet paper in trees of the front yard of a residence. The crimes the police officer witnessed include vandalism and trespassing. Explain how a police officer, prosecutor, or judge may practice discretion in this hypothetical situation.

Answer 1

In this hypothetical situation, various criminal justice actors may exercise discretion:

1. **Police Officer**:
- **Arrest or Warning**: The officer has the discretion to either arrest the teenagers for vandalism and trespassing or give them a warning and contact their parents. The choice may depend on the severity of the act, the teenagers' cooperation, and their prior records.

2. **Prosecutor**:
- **Charge Selection**: The prosecutor can decide whether to charge the teenagers with vandalism, trespassing, or lesser offenses. The severity of charges can affect potential penalties.

3. **Judge**:
- **Sentencing**: If the case goes to court, the judge has discretion in determining the appropriate sentence if the teenagers are found guilty. They may consider factors like the teenagers' remorse, past behavior, and the impact of their actions on the community.

4. **Diversion Programs**: All these actors might consider diversion programs for first-time offenders, which could involve community service or counseling instead of traditional criminal penalties.

Discretion is an essential aspect of the criminal justice system, allowing for flexibility in addressing individual cases based on their unique circumstances and the goal of achieving justice and rehabilitation.