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
.
Should police officers have discretion?
Unlike the enforcement of laws,
police officers have zero discretion in following their department policies
. … Police officers are allowed discretion, in part, because not allowing it would be unworkable. If an officer had to take action on every violation of every law, routine patrol would be impossible.
What is meant by police discretion and why is it important?
Police discretion. 14.21 Police discretion is an important and necessary feature of our criminal justice system. … ‘ That is,
a police officer may elect not to proceed in response to a minor offence or may choose to otherwise divert the offender
.
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.
Why is discretion 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 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)
, …
Why do we need discretion?
Discretion means
the power and ability to make decisions
. … There are some departments that give their officers more discretion. They believe that by hiring good people, they are able to give more leeway to those individuals to ensure that the goals of public safety are obtained.
Do police have discretion not to prosecute?
“
All officers have the legal authority to use discretion in the performance of their duty
,” and “every officer is taught the use of discretion is a very important tool in their kitbag”. Police can indeed exercise their discretion in relation to a range of offences.
What causes police discretion?
Thus, police discretion is influenced by the surrounding
circumstances of the situation in which an officer finds himself/herself
, and how an offender presents himself to them. Things such as: The seriousness of the crime. Prior criminal record.
What factors influence police discretion?
- Suspect’s Demeanor. …
- Suspect’s Record. …
- Complaints. …
- Attitude of Parents/Guardians. …
- System Variables.
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.
What is discretion in law enforcement?
In a law enforcement context, discretion
only concerns decisions that are made in a legal setting
. When decisions that are made by officers do not yield the desired positive results, but are made in good faith, these decisions still fall under the umbrella of discretion.
When can police discretion apply?
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 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 is done with ethics?
Ethics or moral philosophy is a branch of philosophy that “
involves systematizing, defending, and recommending concepts of right and wrong behavior
“. … Ethics seeks to resolve questions of human morality by defining concepts such as good and evil, right and wrong, virtue and vice, justice and crime.
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.
