<P> One article shows that when officers respond to a call for service, if an area has a high rate of Black or wealthy citizens then it significantly affects the officers' decision to downgrade a crime or incident reported . Officers' experience in different surroundings affect the way they react to service calls . The economic status, poverty level, race and ethnicity influence the officer and how he sees and reacts to his surroundings . Scholar Michael Banton stated that "In different neighborhoods police provide different services". This is a good example of how and why police are able to use discretion in the performance of their duties . Different environments and neighborhoods provide different levels of dangers and greater levels of crime taking place than others . Which is why an officer might choose to downgrade a crime in a wealthy neighborhood compared to an economically unstable one . The article also states that merely being in a different environment from the one the officer lives in or is accustomed to forces the officer to treat it differently . </P> <P> Thus, the officer would then treat the individuals differently . This can be an argument either for or against police using discretion . On the one hand, all people should be treated equally regardless of race or economic status . On the other hand, officer and public safety are the most important duties for an officer . If an officer can recognize that a certain area requires a different approach in order to keep that safety, they should use that discretion appropriately . </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> <P> It is often hard to control officers' use of discretion because of the way it is applied to situations . "Policing the police" is a very important part in maintaining a balance of police discretion and controlling it so the power of discretion is not abused . Unfortunately, the police have an ability to perform an abuse of discretion without being noticed or regulated by the judicial or legislative community in what is referred to as the "legal shadow". In this place questionable police tactics are being performed and, in a sense, covered up with police privilege backed by government support . Although there has been some effort by the federal government to regulate police discretion, unless there is a conflict including the Constitution, it is difficult for them to involve themselves . Most of the time police misconduct doesn't draw enough attention to include federal intervention . </P>

Who has the most discretion in the criminal justice system