<P> In civil actions , judges and juries are also deemed to have discretion in the matter of damages . Judges also have discretion in the grant or denial of certain motions , e.g. a motion for a continuance . Prosecutors have a huge discretional role in the criminal justice process . They have the ability to initiate and terminate all criminal prosecutions . They have to use discretion to weigh the rights of the accused , the feelings of the victim , and the capacity of prisons when determining a proper punishment . Prosecutors control plea bargains and thus have possibly the most discretion - based role in the criminal justice process . If they believe a person deserves to be in prison , they will pursue that route , knowing that the prisons are very full and would then lead to a person being released early without serving his full sentence . </P>
<P> In civil actions , judges and juries are also deemed to have discretion in the matter of damages . Judges also have discretion in the grant or denial of certain motions , e.g. a motion for a continuance . Prosecutors have a huge discretional role in the criminal justice process . They have the ability to initiate and terminate all criminal prosecutions . They have to use discretion to weigh the rights of the accused , the feelings of the victim , and the capacity of prisons when determining a proper punishment . Prosecutors control plea bargains and thus have possibly the most discretion - based role in the criminal justice process . If they believe a person deserves to be in prison , they will pursue that route , knowing that the prisons are very full and would then lead to a person being released early without serving his full sentence . </P>
who has the most discretion in the criminal justice system
who has the most discretion in the criminal justice system
Prosecutors
Prosecutors