What is an example of police discretion?

What is an example of police discretion? whether to draw his weapon. whether to make an arrest. whether to issue a traffic ticket or other violation.

What is police discretion? Discretion means the power and ability to make decisions. This is somewhat vague, but so is the concept of police 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.

What is police discretion in policing? 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 police discretion and when can it be used? 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 an example of police discretion? – Related Questions

What is police discretion how does the practice?

Police discretion is the opportunity of law enforcement officers to exercise choice in their daily activities. Also, to those who have contact with the police, discretionary authority exercised by individual officers is of greater significance than all the department manuals and official policy statements combined.

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.

What is police discretion quizlet?

Discretion. the freedom to act on own judgement. this concept refers to the latitude in police officer decision making.

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. Officer discretion is a vague locution which baffles and frustrates many citizens when it comes to the application of laws and keeping order.

How much discretion should police officers have?

Unlike the enforcement of laws, police officers have zero discretion in following their department policies. The state or county’s arraignment process and bond system accounts for the overnight stay in jail, not the officer. Police officers are allowed discretion, in part, because not allowing it would be unworkable.

How is discretion used in criminal justice system?

Discretion is the means by which actors in the criminal justice system substitute their own judgment, interests, or objectives for formally specified statutory punishments in order to influence criminal justice outcomes.

What are the benefits and consequences of the use of police discretion?

The use of police discretion provides officers with the flexibility they require to perform their job adequately. It allows each person to interpret applicable laws and then act upon them based on the choices made in that moment.

Why is discretion viewed as an essential feature of policing?

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. Through their discretion, police officers are the gatekeepers of the criminal justice system.

Is police discretion inevitable?

Yes, discretion may be inevitable for effective policing, but in excess it leaves the police unfettered to follow their own objectives, bend the rules to meet targets and apply their own personal prejudices.

Do police have discretion not to prosecute?

Police and prosecutors in NSW have a large amount of discretionary power: they can choose whether or not charges can be dropped or reduced, and whether a case will proceed to a defended local court hearing. In any given situation police have a large amount of discretion to exercise their power.

Why do patrol officers have such a great deal of discretion quizlet?

The police have a great deal of discretion because they need it. The criminal justice system would not be able to function without it. Our courts and prisons would be overburdened without such discretion, and the financial cost would be too high.

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.

Which is a positive aspect of police discretion quizlet?

Which is a positive aspect of police discretion? Police are able to devote attention and resources to truly significant offenses.

Is it possible to limit police discretion?

Police are authorized only to enforce the law; their use of discretion in other areas is not authorized, but the elimination of discretion is neither possible nor desirable. What is required is an informal authority inherent in the police role rather than in individual officers and that can use coercion.

Why do prosecutors have discretion?

Prosecutorial discretion also allows prosecutors to secure the cooperation of witness defendants by allowing them to offer reduced sentences or charges in exchange for testimony against another defendant.

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.

Do cops have discretion?

The enforcers, police officers, are tasked with enforcing these regulations, but they often have the discretion of when to file charges and arrest. For example, a traffic violation, the police officer may simply issue a warning. In fact discretion can be found in all stages of the criminal justice system.

Who uses discretion in criminal justice?

Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.

What is a discretion in law?

the authority to decide. Courts, judges, and legal scholars often use the. term discretion in this sense, referring simply to authority to decide, or. unconstrained choice.

Which of the following is the primary factor that influences police discretion?

Research has identified many factors that may influence police discretion to arrest, including characteristics of the crime; relationship between the alleged criminal and the victim; rela- tionship between police and the criminal or victim; department policies; the subject’s offense, attitude, race, socioeconomic

What is police discretion cons?

A concern with police discretion is the doubts of the proper use of discretion. Some Cons of discretion were community distrust, police using their own beliefs and views to determine what’s serious and not, and leniencies for one person versus another, consistency.