<span>Abstract:</span><span> </span><span> </span><span>Discretion in law making, law enforcement, court systems and correctional decisions is most often examined and taught as separate from each other, without consideration of the cumulative nature of (un) ethical decision making throughout the system.</span><span> </span><span> We begin with an examination of the current state of the literature focused on discretion. Next, using case studies we illuminate the disconnect between institutionally expressed codes of ethics and actual practices and policies. Finally, we argue for approaching the criminal legal system holistically, with a particular focus on the importance of foundational ethics, or lack thereof, that creates a system that protects unethical behavior and breeds punitiveness and inequality.</span>
