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 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 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 is discretion important in law enforcement?
Today, police discretion is a very important aspect to the criminal justice field. Discretion is used by
police officers when they are facing a decision with a bunch of results that could handle the situation but the officer has control to pick which result they would want to choose
. …
How does law enforcement use discretion?
In the context of policing, discretion means that
officers are given some leeway on which they can rely as they make choices that impact the people they are policing
. … It is also not advisable for officers to do so. This means they must decide whether the person breaking the law is posing some threat to public safety.
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 function of discretion?
In a functional sense, discretion is often used by both legislators and judges
to achieve fairness in procedure as well as in outcome
. It enables judges, who are best placed to consider the particular facts of any given case, to identify what fairness may require in the circumstances.
What problems do you see with the use of discretion in law enforcement?
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.
What are some examples of prosecutorial discretion?
For example, if the facts and evidence indicate that killing was actually in self-defense (which can be a close call in some cases), the prosecutor may
reduce the charges from murder to manslaughter
, or even drop the charges entirely.
What type of discretion do judges exercise?
what type of discretion do judges exercise?
prosecuting attorneys
exercise discretion when determining whether or not to bring charges against the arrestee.
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. When
a police officer suspects that a person has committed an offence they will exercise judgement
(or discretion) as to how best to proceed.
What is the relationship between discretion and police ethics?
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 the workplace?
Exercising discretion is an integral part of being a manager or a business owner. Discretion
relates to the freedom to make decisions within the constraints of your authority and applying caution in what you say or do
. … Failure to properly use discretion can adversely impact employees and the company.
What does discretion mean in 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 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.
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.
