The exercise of police discretion is a
decision-making process
, as officers evaluate the situations in which they intervene and choose a course of action from among a set of alternatives; if their involvement is not at the request of a citizen, they also make decisions about whether to intervene.
What is police discretion and when can it be used?
That word is “discretion.” Police officers are
given the right and opportunity to act according to their discretion in stopping people, arresting them and using force to bring about an arrest
.
What is police discretion?
Defining discretion in Law Enforcement. Discretion refers to
an official action that is taken by a criminal justice official
i.e. police officer, lawyer or judge etc. in which they use their own individual judgment, to decide the best course of action.
Why discretion is important in policing?
Police action is guided by the
decision-making flexibility
available to officers. Although this flexibility, or discretion, is vital to the police role, it also has the potential to produce inequities among citizens. One avenue for these inequities to emerge is through traffic stop decisions.
What are examples of police discretion?
- whether to draw his weapon.
- whether to make an arrest.
- whether to issue a traffic ticket or other violation.
- whether to shoot a gun.
- whether to perform a search.
- whether to stop and assist someone.
What is an example of discretion?
Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is
the ability of a juror to determine a verdict
. … I leave that to your discretion.
Is police discretion a good thing?
Every person, no matter how minor their offense might be, would get arrested and taken to court to face charges without this presence of this principle. That means
police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied
.
What is discretion law?
Discretion is
the power of officials to act according to the dictates of their own judgment and conscience
. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.
What type of discretion do judges exercise?
Judicial discretion refers to
a judge’s power to make a decision based on
his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.
How is police discretion monitored and evaluated?
Law enforcement behavior is
monitored and evaluated by almost every citizen
. It is often displayed through the media and sometimes lodged in perpetuity on the internet. This auditing has caused many individuals to question, research, and assess police methodologies.
What is the role of discretion?
Studies in this literature generally hypothesize that discretion plays one of two roles: either it
serves as the means by which changing broad social norms against crime cause changes in sentencing patterns (with concurrent changes in formal laws reflecting broad social norms but not causing criminal justice outcomes)
, …
What factors influence police discretion?
- Suspect’s Demeanor. …
- Suspect’s Record. …
- Complaints. …
- Attitude of Parents/Guardians. …
- System Variables.
What is the importance of discretion?
Discretion can
help increase customer satisfaction, loyalty
, as well as ensuring the safety and confidentiality of a particular client. However, professional discretion can also show how professional you are as a company.
What does it mean to lack discretion?
: lack of good judgment or care in behavior and especially in speech : lack of discretion. :
an act or remark
that shows a lack of good judgment : an indiscreet act or remark.
How do you show discretion?
A simple example of discretion is whether you excuse yourself and say, “
I’ll be back in a few minutes
,” or announce, “I need to go to the bathroom.”
What is the difference between discernment and discretion?
is that
discernment is the ability to distinguish
; judgement while discretion is the quality of being discreet or circumspect.
