For this discussion, I have chosen the Parole Officer, who oversees offenders released from prison or sentenced to punishment. After being released from prison, most offenders report it to parole officers (Henry, 2021). Probation and parole officers must perform their duties with care, just like all other law enforcement officers, especially in the criminal justice system. Otherwise, officers risk abusing their power and delivering an unfair verdict. Wide discretion can influence decision-making, leading to legally wrong action on the part of the parole officer: an unacceptable decision without a rationale. It can be completely arbitrary because the officer has the right to do so, but the law prohibits this. Research shows that various factors, such as the department’s organizational environment, the officers’ professional characteristics, and even their socio-demographic background, can be an impetus for the unfair use of discretion (Henry, 2021). Therefore, efforts should be made to mitigate and/or eliminate the impact of such factors.
Violation of discretion is limited by the US and state constitutions. A state cannot pass a law allowing the police to search any person’s home at any time for any reason because this law violates the Fourth Amendment protections of the US Constitution against unreasonable searches and seizures (Henry, 2021). Despite the wide freedom of action of the Parole Officer, a law enforcement officer cannot neglect his powers in order to achieve the necessary result. It includes manipulation through blackmail or threat, even feigned, or the use of excessive force during arrest (Henry, 2021). That may affect the final verdict of the police officer; the person may show strong resistance to arrest; as a result, the officer begins to suspect something and, on the basis of this, issue an unjust verdict.
Reference
Henry, T. K. (2021). Revolving doors: Examining the effect of Race and ethnicity on discretionary decision-making in parole revocations. American Journal of Criminal Justice, 46(2), 279–297. Web.