It added: "One overarching hypothesis worth investigating may be that established principles of oversight, guidance and collective decision-making reduce the effects of any unconscious racial bias that play out in areas of the system where decision-makers exercise a higher degree of individual discretion".
They dislike individual discretion.
In a memorandum issued Friday referring to the students, Homeland Security Secretary Janet Napolitano instructed all enforcement agents to "immediately exercise their discretion, on an individual basis, in order to prevent low-priority individuals from being placed into removal proceedings".
Members were told repeatedly to exercise prudence and discretion.
Yet the guidelines for whom ICE should target have never been clear; historically, officers have had wide latitude to exercise discretion in individual cases, but the agency's work has always been influenced by the preferences of the White House.
Many of those jailed under joint enterprise rules for secondary roles in crimes have been handed extremely long sentences because judges' ability to exercise discretion in individual cases was curtailed by the imposition of mandatory life tariffs for murder under the 2003 Criminal Justice Act.
Instead, both DHS and DOJ have told a coalition of lawmakers who also pressed for a hold on green card applications that they will continue to enforce DOMA, though they do retain the right to exercise discretion in individual cases.
For instance, Grubb (2000) argues that the formal strictness of legislation is often an unreliable guide as to its actual impact on job-search behavior: they can be formulated in very general terms and case managers in local PES offices may exercise considerable discretion when applying them to individual clients.
By way of guiding the Secretary in formulating a fair distribution of individual allotments, Congress directed him to exercise his discretion 'by taking into consideration' three factors: past marketings, ability to market, and processings to which proportionate shares pertained.
Individual schools will have the authority to exercise their discretion and professional judgment when deciding how to teach the new program.
Short of that, ICE needs to exercise its discretion to grant a probation-type period to individuals to observe their behavior.
