- Examples: draw/fire a weapon, issue a traffic ticket, make an arrest, search someone, stop/assist a person.
- Pros: offers flexibility; gives officers the ability to make decisions quickly without consulting courts or other officers.
What is discretion and how is it used?
Discretion has the
meaning of acting on one’s own authority and judgment
. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it positively.
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 positive uses of discretion?
The advantage of discretion here allows
an official to focus their energy on specific situations where the law gets broken in a reckless manner
. Officers can also make contact with individuals that they believe could be hiding something or have broken serious laws that require an intervention to keep others safe.
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.
Why is police discretion so important?
The use of discretion
allows the police officer the flexibility necessary to perform his job
. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination.
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)
, …
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 does it mean to use discretion?
1 :
care in not attracting attention or letting out private information
Use discretion in dealing with the situation. 2 : the power to decide what to do I’ll leave it to your discretion. discretion. noun. dis·cre·tion | dis-ˈkre-shən
What are some 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 meant by officer discretion?
A review of definitions of police discretion notes that there is no legal definition of the term, but the most widely quoted definition is that of Kenneth Culp Davis: “A public
officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction.
…
What factors influence or affect 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 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.
How is police discretion governed?
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.
