from performing their primary duty of protecting society. The conditions for imposing the death penalty require guided jury discretion and the fulfillment beyond a reasonable doubt of at least one of the ten statutory aggravating factors. The rules of the jurisprudence of death are different from any other rules of jurisprudence. This is because ‘death is different.’ Death takes away a person’s right to have rights.Discretion is essential for the effective functioning of law in controlling private violence and judging individuals subjectively. If discretion is expunged from the judicial system, then law would become an automatic gun and fail to take into account the totality of circumstances. However, police discretion should be limited because policemen must make quick decisions while jury discretion is far more calculated and logical.White’s standard allows for too much police discretion. By only using necessity as the standard for the use of lethal force, White gives too much leeway to the police. Police are hyper-sensitive to signs of suspicion. They rely on stereotypes and seek human beings at their worst. To be a policeman is to face the reality of facing danger every day. Because of these reasons, we cannot allow the police to use discretion under such a broad standard of necessity. Just fulfilling the standard of necessity before using lethal force undermines the supreme value of human life. It is better that ten criminals walk free than one innocent person be killed.White’s approach to the legal regulation of police is similar to his own approach in Brady v. United States but contradicts his approach in Miranda v. Arizona. In Brady, White also looks at the totality of circumstances to determine the voluntariness of a defendant’s plea of guilty. In both Brady and Garner, White realizes that law requires the exercise of judgement so that it does not become mechanical and impersonal. ...
