What do you think about 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. 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 police discretion good or bad?
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.
Is police discretion a law?
Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Discretion has been called “the Art of suiting the action to particular circumstances” (Lord Scarman). Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power.
Do you think police discretion is a necessary element of police work?
It permits the police to make quick and appropriate determinations under the circumstances and effectively use law enforcement and judicial resources. Conversely, such discretion can result in the misinterpretation of statutes and the abuse of the Fourth Amendment right to be free from unreasonable searches.
What is negative about 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.
What are advantages of police discretion?
Pros and Cons 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.
Why does police discretion exist?
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 does police discretion mean?
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 do we need 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.
Do the police have discretion on the job?
In this case, police are given discretion, or freedom to decide, on the job to make decisions, but there is a ‘thin blue line’ that the police cannot cross or they will be in violation of the law. When the police perform their official duties, there is a certain level of discretion they must use.
Is police discretion a form of unlimited authority?
Some police officers see discretion as being a form of unlimited authority. Police discretion can sometimes cause law enforcement officers and the general public to believe that unlimited authority exists in the application of statutory or common law.
Can police use of discretion violate your Fourth Amendment rights?
For instance, the officer could misinterpret a statute and make an erroneous arrest. Additionally, there are those who argue that the use of police discretion can potentially result in a violation of one’s Fourth Amendment rights. Under the Fourth Amendment, one has the right to be free from unreasonable searches and seizures.
How do you measure the performance of law enforcement?
Public’s Opinion on Today’s Law Enforcement. One essential method in the measurement of police performance is “perception of the public”. The police are the most visible part of the government and most actions by the police are in view of citizens.