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 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 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 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.
What is police discretion quizlet?
Discretion. the freedom to act on own judgement . this concept refers to the latitude in police officer decision making. Street level bureaucrats. according to the text, patrol officers exercise the greatest amount of discretion.
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.
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 .
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?
Hence, police have to use discretion when making decisions about: enforcing specific laws, allocating their time, investigating which crimes, searching people and vicinities, and whether to arrest or detain people (Reid, 2006).
What are the 5 duties of a police officer?
- Dealing with emergencies.
- Deliverance of warrants.
- Traffic control.
- Patrolling the local community.
- Arresting suspects.
- Writing citations.
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.
What are the factors that influence police discretion?
- Suspect’s Demeanor. ...
- Suspect’s Record. ...
- Complaints. ...
- Attitude of Parents/Guardians. ...
- System Variables.
What does discretion mean in sociology?
There are several sociological explanations for the nature of police discretion. Discretion is the idea that the police have some leeway as to when and how seriously they will enforce the law . According to Reiner (1992) these are: INDIVIDUAL DISCRETION.
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.
Who usually exercises the most discretion?
According to the text, patrol officers exercise the greatest amount of discretion. Discretion increases as one moves down the policing organizational hierarchy. Because patrol officers are the lowest-ranking employees, they make the decisions that produce actual police policy as it affects citizens.
Is the discretion?
the power or right to decide or act according to one’s own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.
