CJ-230 1-2 Quiz: Identifying Discretion

An officer pulls over a vehicle for speeding 12 mph over the posted speed limit and crossing left of the center line. During the traffic stop, the officer smells alcohol on the driver's breath and sees an open bottle of whiskey in the cup holder. He also discovers the driver is an off-duty police officer from a neighboring jurisdiction with a zero tolerance policy. The off-duty officer refuses to submit to a field sobriety test. Does the officer have discretion regarding whether or not to arrest the off-duty officer for driving under the influence?

No, discretion cannot be used.

During the search of a juvenile inmate's bunk, a correctional officer discovers an unopened candy bar. In this specific section of the jail, certain food items, including candy, are restricted due to a recent food fight in the cafeteria. The inmate was not involved in the food fight and stated he has been saving the candy bar for when the restriction is lifted. Does the corrections officer have discretion in whether or not to take the candy AND whether or not to write up the inmate for violating the restriction?

The officer does not have discretion in confiscating the candy bar due to the jail section being on restriction from certain food items, but does have discretion on writing up the inmate.

A female defendant appears in misdemeanor court charged with simple battery. While waiting in the gallery for her name to be called, she begins playing a game on her cell phone. The judge instructs the female to get off the phone but she refuses. Does the judge have discretion to hold the female in contempt of court and sentence her to time in a lockup facility?

Yes, discretion can be used.

A high-ranking gang member and drug trafficker has been arrested and is awaiting trial. He has been charged with multiple heinous crimes, including home invasion, kidnapping, and aggravated criminal sexual assault of a child under the age of 13. Evidence is limited, and prosecutors are concerned the trafficker may be found not guilty. Can a prosecutor use discretion to offer a plea deal to a co-defendant in exchange for his or her testimony?

Yes, discretion can be used.

Officers respond to a 911 call regarding an aggressive panhandler who is intoxicated and harassing passing pedestrians. Upon arrival, officers attempt to conduct a field interview of the subject when a female with a cell phone camera steps between the officers and the panhandler and begins shouting at the officers to leave the man alone. The officers tell the woman she is free to record. However, she is obstructing their investigation and she needs to step back. The woman steps further back. She continues recording and verbally threatens the officers. Can officers use discretion to arrest the female for obstruction and verbal threats/assault?

Yes, discretion can be used.