This decision is based on the irrefutable availability of sufficient evidence for legal documents necessary for commencing prosecution. Further discretion at this stage relates to the decision to offer legal agreement to the charged suspect on the basis that he or she confesses their guilt and opt not to stand trial. At the trial stage the prosecutor’s role pertains to disclosing all evidence to the defense council pertaining to the suspect’s case. Moreover, at the serving and sentencing stage the law enforcement officer is charged with the discretion of acting of as parole officers of sentenced criminals that have been selected for possible freedom based on their character (Mellili, 1992).
The judge exercises discretion at the trial stage by leading the court proceedings against the charged suspect. At the sentencing stage, the judge exercises his or her discretion after the defendant is found guilty after a plea of guilt or judgment by the jury. Consequently, the judge dispenses the sentencing laws cognizant with the crime charged. Furthermore, the judge exercises discretion at the appeal stage. At the instigation by the defense counsel of the sentenced defendant, an appeal may be issued and reviewed a judge in the appellate court (Mellili, 1992). Furthermore, a different judge will lead the proceedings of a new trial based on the review and approval of an appellate court.
Some of the guidelines that are in force to limit the discretion powers of enforcement officers include the limit on excessive force while making arrest. This is in light of the possibility of the officers to use police brutality on unarmed and powerless suspects such as racial minorities (U.S Department of Justice, 2012). .
On the part of the judges, guidelines that could be used in limiting their discretion pertain to issues of sentencing.