Thesis Abstract

Abstract
Discretion plays a significant role in the criminal justice system, especially concerning the criminalization of certain behaviors. This research delves into the complex relationship between discretion and the criminalization process, aiming to shed light on the various factors influencing the decision-making of law enforcement officials, prosecutors, and judges. The exercise of discretion at different stages of the criminal justice system can have profound implications for individuals caught in its web. One of the key points of focus is the inherent subjectivity involved in discretionary decision-making. Factors such as an individual's race, socioeconomic status, and prior criminal record can all impact how discretion is exercised, potentially leading to disparities in the treatment of similarly situated individuals. Moreover, the influence of public opinion, political considerations, and media scrutiny can further complicate the exercise of discretion, sometimes resulting in the criminalization of behaviors that may not necessarily warrant such harsh measures. Furthermore, the discretion exercised by law enforcement officials in determining which behaviors to investigate and ultimately arrest can shape the entire trajectory of a case. This initial decision-making process can be influenced by a myriad of factors, including personal biases, departmental policies, and available resources. Similarly, prosecutors wield considerable discretion in deciding whether to pursue charges, what charges to bring, and whether to offer plea bargains. These decisions can significantly impact the outcomes of cases and the lives of those involved. Judicial discretion also plays a crucial role in the criminalization process, as judges have the authority to impose sentences within statutory guidelines and make determinations on probation, bail, and other critical issues. The exercise of judicial discretion is influenced by legal standards, sentencing guidelines, case law, and the unique circumstances of each case. However, judges are not immune to biases and external pressures, which can sometimes result in disparate outcomes and contribute to the broader issue of overcriminalization. Understanding the nuances of discretion in the criminal justice system is essential for promoting fairness, equity, and justice. By examining the various factors that influence discretionary decision-making, policymakers, legal practitioners, and scholars can work towards developing strategies to mitigate the negative impacts of discretion on marginalized communities and promote more equitable outcomes in the criminalization process.

Thesis Overview

Enforcement of federal environmental law is complex. Central to the efficacy of enforcement is the role of prosecutors and judges in exercising their discretion over which violations to prosecute and what sanctions to impose. In the context of the Clean Water Act (“CWA”), discretion is exercised in an institutional framework of marginal deterrence, criminal sanctions, broad prosecutorial discretion, and judicial discretion constrained by the Federal Sentencing Guidelines. After a description of the CWA institutional framework for enforcement, a review of legal, economic, and criminal justice dimensions of exercising discretion is provided.

It is concluded that while broad prosecutorial discretion is justified on economic efficiency grounds, extending criminal sanctions to outcomes lacking violator intent or control is likely to result in the over-criminalization of environmental law. Equally troubling, if judicial discretion is used to impose significant downward departures from the Federal Sentencing Guidelines, the trivialization of CWA enforcement is inevitable. Thus, overzealous prosecution runs the risk of creating over-deterrence and stripping criminal sanctions of their moral stigma, while lax criminal sanctioning undermines deterrence objectives and minimizes the importance of violating federal environmental law itself. Policy implications of recent sanctioning trends, as well as future research needs, are also explored