Discretion and Decision-Making in the Criminal Justice System

Here's something to consider when you're wondering how lawyers make their money.

Police officers are usually the first line of law enforcement. They may see something happen, but decide not to pursue it. They can use their discretion.

Attorneys who work for the State (at any level) can decide not to pursue a case brought to them, or to drop a case they are working on. They can use that discretion as well.

Judges can make rulings based on motions and other paperwork filed by attorneys, and those rulings often have huge impacts on a case. Juries can nullify a verdict by deciding not to convict someone for whatever reason, even though they're told they can't do that. These aren't really discretion in the sense I used it above, but as people they can make decisions.

Lawyers know they have angles at many or all of these venues. They will try to affect people's discretion and decision-making in their clients' favor. They don't have to be consistently successful to make a difference, either; one success can often lead to a dismissal or acquittal.

This is how lawyers make their money.