How Does Discretion Lead To Corruption? - Fixanswer

On the other hand, the use of police discretion has been

criticized for negative aspects

. To begin, there is the risk that the police officer might misinterpret a statute when performing his duties. For instance, the officer could misinterpret a statute and make an erroneous arrest.

Why is it important to control discretion?

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.

Why is discretion important in criminal justice?

As elsewhere in life, discretion is important in the criminal justice system. … Discretion is also important in that

it allows judges to take certain policy imperatives into consideration

. In some cases, for example, it may be necessary for the courts to show leniency because the prisons are overcrowded.

Why do we need police discretion?

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.

Why is police discretion so important?

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.

How can police discretion be controlled?

In the criminal justice area, the main way in which discretion can be confined is

by drafting techniques in connection with the legislation of substantive criminal law

. An important source of discretion is the widely-framed or vaguely-defined offence.

What is the principle of police discretion?

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.

Is police discretion ethical?

In order to foster trust and respect, officers must make wise ethical choices. Officers’ personal ethics are important, too.

Police discretion means the police have freedom to decide what should be done in any particular policing situation

. Discretion must be used to produce fair and just results.

What is the purpose 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 is the function of discretion?

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 is the role of discretion?

Should discretion be taken away from law enforcement?

Officer discretion is a powerful, basic tool in policing. Removing officer discretion by creating “

must arrest”

offenses would result in too many unnecessary arrests, while creating “can’t arrest” offenses would result in people ignoring the existing laws.

What is meant by police discretion and why is it important?

The use of discretion

allows the police officer the flexibility necessary to perform his job

. … In other words, the statute may indicate that a certain act is illegal; the police officer can then expeditiously make an arrest based upon his interpretation.

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.