How to Differentiate Between an Assembly Line Justice & Discretion

Justice can mean achieving the right results regardless of methods (substantive justice) or it can mean processing all offences fairly (procedural justice).

Assembly line justice and discretion are two methods by which offenders are processed through the criminal justice system. The assembly line method involves the application of routine procedures to all offenders regardless of individual circumstances. Discretion involves the exercise of choice based on specific circumstances. The application of one method over the other can lead to quite different results. Differentiating between the two methods involves an assessment of the specific circumstances.

Instructions

Stages of Criminal Justice

1. Determine the stage of the criminal justice process for the purposes of differentiating between assembly line justice and discretion and proceed to the corresponding Step.

2. Ask whether the police officer had any choice in stopping, arresting or holding the individual, if your case is at the policing stage of the criminal justice process. If for example, a police officer is required by department policy to arrest all persons suspected of spousal abuse regardless of the circumstances, this policy requires the application of a routine procedure and therefore represents assembly line justice. If, on the other hand, a police officer stops someone for speeding and decides to let him off with a warning because the individual was on his way to the hospital, the police officer is exercising discretion.

3. Question whether the prosecutor had a choice in whether or not to proceed with criminal charges, if at the prosecution stage of the criminal justice process. If for example, a prosecutor has been ordered by the court to file charges for perjury, the prosecutor's discretion has been eliminated in favor of assembly line justice. If a prosecutor decides not to prosecute a case because the police violated the rights of the offender, the prosecutor is exercising discretion rather than assembly line justice.

4. Look at whether the judge is required to impose mandatory sentencing guidelines regardless of the circumstances, if at the sentencing stage of the criminal justice process. If the judge is required to impose a mandatory sentence he or she is required to apply a routine procedure, which represents assembly line justice. If the judge has a range of sentencing options to choose from, he has discretion.

5. Assess whether prison officials are directed by the court to deliver specific programs to the individual offender e.g. anger management, if at the correctional stage of the criminal justice process. The direction to deliver programs eliminates at least some of the discretion of the prison authorities in favor of assembly line justice.

6. Determine whether any conditions of parole have been ordered by the court, if at the parole stage of the criminal justice process. Court imposed conditions represent a routine procedure eliminating the discretion of the parole board.

References

• Google Books; "Criminal Justice in Action: The Core"; Larry K. Gaines and Roger LeRoy Miller,