Police Discretion: the freedom of judgment and choices given to police officers in specified circumstances in. accordance with their governing policies. Due to police discretion, police officers have a range of choices to make when faced with certain situations.
- 1 What are examples of police discretion?
- 2 What is police discretion in policing?
- 3 Is officer discretion legal?
- 4 How much discretion does an officer have?
- 5 Is discretion good or bad?
- 6 Why is police discretion necessary?
- 7 How can police discretion be controlled?
- 8 What is the role of discretion?
- 9 What does discretion mean?
- 10 Who has the right to discretion?
- 11 What are some examples of discretion?
- 12 What type of discretion do judges exercise?
- 13 How can professionals in corrections apply discretion?
What are examples of police discretion?
Definition 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 in policing?
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.
Is officer discretion legal?
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.
How much discretion does an officer 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.
Is discretion good or bad?
Most academic papers condemn discretion in the enforcement and prosecution of crime. The decision to pursue a drunken driver rather than a speeder, for example, is a good use of discretion while the decision to pursue one speeder rather than another based on race is bad discretion.
Why is police discretion necessary?
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 can police discretion be controlled?
Confining discretion In the criminal justice area, the main way in which discretion can be confined is by drafting techniques in connection with the legislation of substantive criminal law. An important source of discretion is the widely-framed or vaguely-defined offence.
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),
What does discretion mean?
2: the quality of having or showing discernment or good judgment: the quality of being discreet: circumspection especially: cautious reserve in speech. 3: ability to make responsible decisions.
Who has the right to discretion?
Constitutional provisions on the discretionary power of judges. Article 136, 139A & 142 of the Indian Constitution defines the discretionary powers which are conferred on the judges of the Supreme Court.
What are some examples 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. An example of discretion is not talking about politics at family dinners.
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.
How can professionals in corrections apply discretion?
Once courts sentence guilty offenders, correctional personnel use their discretion to coordinate the court-ordered supervision of offenders in community-based programs and secure settings such as jails and prisons. Prison and jail officers have exercised discretion in deciding when to write disciplinary reports.