CRIMINIAL JUSTICE

In this course, we have discussed how discretion is an integral part in the workings of the

criminal justice system.  As many of you have answered in your discussion boards, discretion,

particularly in the hands of police officers, may be handled differently when a juvenile offender

is involved.  Such discretion used by a police officer against a juvenile offender can be seen in

the pivotal Supreme Court case, Tennessee v. Garner.

Using Tennessee v. Garner, include a critical analysis of the case and its impact on the

exercise of discretion in the criminal justice system.  Address whether you agree or disagree with

the Supreme Court’s ruling and state why or why not, in detail (do you believe the officer was

right to do what he did, did he truly violate the 4th Amendment, etc.).  Lastly, if you were Officer

Hymon in that exact situation, not having the law be what it is today, how do you think you

would have reacted?  Explain in detail.

Please open the attached files and complete the assignment.  This is the first Case Study.  Please use proper grammar, and explore areas of Discretion that impacted this case.  There is no “Correct” answer.  As you can see from the case, even Justice Sandra Day O’Connor disagreed with the end result!  I’m more interested in your analysis of Discretion, and you can even discuss the fact that instances like the one presented in the case still persist today.  You are not limited in the scope of your analysis.  Papers should be at least 2 pages.  Good luck!

USE THIS AS ONE OF THE SOURCES!  https://caselaw.findlaw.com/us-supreme-court/471/1.html