What Are Examples Of Police Discretion?

by | Last updated on January 24, 2024

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  • 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.

How is discretion used in policing examples?

For instance, a person who is drunk in public could be arrested, but some officers may choose to just put him in a cab and send him home. Likewise,

discretion must be used in determining how much force is needed to bring a suspect into compliance

.

What is police discretion and when can it be used?

When

a police officer suspects that a person has committed an offence they will exercise judgement

(or discretion) as to how best to proceed. … 14.23 Police discretion can work in favour of, or against, a person suspected of criminal conduct.

What are the five factors of police discretion?

  • Five Factors of police discretion. nature of crime. …
  • nature of crime. the less serious crime to public, more freedom officers have to ignore it.
  • relationship between criminal/victim. …
  • relationship between police and criminal/victim. …
  • race/ethnicity, age, gender, class. …
  • departmental policy.

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.

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 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 are the factors that influence police discretion?

  • Suspect’s Demeanor. …
  • Suspect’s Record. …
  • Complaints. …
  • Attitude of Parents/Guardians. …
  • System Variables.

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.

What is 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.

Why is police discretion needed?

Police discretion is

a constant consideration within Police services

. … This makes discretion an important and inevitable part of modern policing. Discretion also gives police the ability to take alternative action with some minor matters such as public disorder offences.

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.

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 are some of the factors that influence discretion?

Characteristics of the suspect —

Demeanor, style of dress and grooming

may influence police discretion. Poorly groomed suspects can expect less respectful treatment. Some officers treat men and woman differently.

What causes police stress?


Lack of rewards for good job performance, insufficient training, and excessive paperwork

can also contribute to police stress. The criminal justice system creates additional stress. Court appearances interfere with police officers’ work assignments, personal time, and even sleeping schedules.

What factors influence police discretion quizlet?

Police discretion is influenced by the circumstances of each situation such as: 1)

seriousness of the crime

2) strength of the evidence 3) preference of the victim 3) relationship between victim and suspect 4) demeanor of suspect.

Kim Nguyen
Author
Kim Nguyen
Kim Nguyen is a fitness expert and personal trainer with over 15 years of experience in the industry. She is a certified strength and conditioning specialist and has trained a variety of clients, from professional athletes to everyday fitness enthusiasts. Kim is passionate about helping people achieve their fitness goals and promoting a healthy, active lifestyle.