Ethic Of Care In Criminal Justice Essay

A contemporary criminal justice trend that would seem to be at odds with this type of approach is the movement toward determinate sentencing schemes. Many states have now implemented sentencing guidelines that severely restrict the amount of discretion judges have in deciding sentences in individual cases. Consequently, judges are unable (or less able) to take situational and circumstantial factors into consideration. Instead, judges are forced to impose sentences within a limited range that is defined by legislatures. For example, an offender convicted of a residential burglary might be sentenced to twenty-three months in prison, as mandated by sentencing guidelines, regardless of the circumstances of the crime or the offender. In theory, …show more content…
In policing, for example, caring would entail officers seeking to know the people and circumstances involved in the situations they confront on a daily basis. Approaching law enforcement scenarios in this way would require individual officers to make liberal use of discretionary powers, considering the needs and interests of all parties involved in a conflict or situation before resolving it. To illustrate, not all persons who violate the law would require arrest. In at least some cases, the needs and interests of lawbreakers, victims, and the public may be better served by not making an arrest (or not ticketing traffic violators, etc.). This is commonly referred to as selective enforcement of the law. Because situations and the people involved in them are unique, the same approach may not be desirable in all factually similar cases. In addition, critics of selective enforcement have argued that allowing officers to rely on their own judgment (including moral sensibilities) in deciding when to make arrests markedly increases the likelihood of discrimination, favoritism, and other undesirable influences affecting decision-making. In other words, discretion might not always be used in the interest of care (see Box