What is police discretion and why is it important?
The principle of police discretion allows a law enforcement official to make effective decisions while on the job when clear solutions may not be available. That means each officer has the flexibility to handle a situation in the manner that they feel best meets the needs of the individual and their overall community.
Is police discretion a good thing?
Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs.
What is police discretion Australia?
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 police discretion essay?
The criminal justice definition of discretion is Police discretion discusses the authority given to a police officer that allows him or her to decide how to best handle a certain situation. This is designed at increasing the flexibility of the criminal justice system.
Why are police given discretion?
In a law enforcement context, discretion only concerns decisions that are made in a legal setting. When decisions that are made by officers do not yield the desired positive results, but are made in good faith, these decisions still fall under the umbrella of discretion.
What causes police discretion?
The idea behind police discretion is that the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied. Whenever big bodies of law are passed, it is possible that just sticking to the letter of the law can lead to inequity.
What is the disadvantage of police discretion?
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.
How is police discretion used?
An example of police discretion is when a car gets pulled over for speeding. The officer can use their discretion and decide whether or not to issue a ticket, issue a warning, or make an arrest.
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 2 factors that can affect police discretion?
There are multiple factors that can affect a police officer’s discretion during a given incident.
- Suspect’s Demeanor.
- Suspect’s Record.
- Complaints.
- Attitude of Parents/Guardians.
- System Variables.
What are the most common issues solved by police discretion?
In order to perform their duties, police must make quick determinations and use their best judgment in situations like whether to draw/fire a weapon, issue a traffic ticket, make an arrest, search someone, or stop or assist a person. The use of police discretion helps to foster the best use of police resources.
What is the meaning of discretion ‘?
individual choice or judgment
Definition of discretion 1a : individual choice or judgment left the decision to his discretion. b : power of free decision or latitude of choice within certain legal bounds reached the age of discretion.
What is criminal discretion?
Introduction. 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 are the four major factors that affect police discretion?
What are police discretion powers?
Police necessarily exercise discretion in deciding when to lay charges, to arrest and to conduct incidental searches, as prosecutors do in deciding whether or not to withdraw a charge, enter a stay, consent to an adjournment, proceed by way of indictment or summary conviction, launch an appeal and so on.
What are the causes of police discretion?
The use of discretion allows the police officer the flexibility necessary to perform their job. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination.
What is police discretion and how is it used by police?
What are the pros and cons of police discretion?
Police discretion: police officers’ freedom to make decisions as they perform official duties on a daily basis 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 meant by police discretion?
police DiscRetion. Discretion: the power or right to decide or act according to one’s own judgment; freedom of judgment or. choice.1. Police Discretion: the freedom of judgment and choices given to police officers in specified circumstances in.
What are the problems with police discretion?
Commissioner of Police Rakesh Asthana issued a standing order stating “This is however not meant to be water tight compartmentalisation and discretion vests with the DCP/District to assign any other duty given the dynamic field situations albeit
What are examples of police discretion?
Police discretion allows officers to make decisions when a clear solution may not exist.
https://www.youtube.com/watch?v=QfHbP7i3P1Y