Why is discretion necessary in policing?

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 important in the justice system?

discretion can enable judges, prosecutors, defense attorneys, and/or juries to implement sentencing policies in line with their own views, even if these policies conflict with formal law.

Is discretion an essential part of policing?

In a law enforcement context, discretion only concerns decisions that are made in a legal setting. Discretion in law enforcement, and especially within policing, is critical to both the functioning of the police department and to the relationship with the public the police department serves.

What does discretion mean in criminal justice?

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.

Why do prosecutors have discretion?

There is no doubt that prosecutorial discretion is a necessary and important part of our system of justice — it allocates sparse prosecutorial resources, provides the basis for plea-bargaining and allows for leniency and mercy in a criminal justice system that is frequently harsh and impersonal.

What is government discretion?

In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action.

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 is prosecutorial discretion so important to the criminal justice system?

What is an example of discretionary authority?

Discretionary Authority Examples include paying subsidies, giving grants to states, and devising rules and regulations.

How is discretion used in criminal justice system?

Why do prosecutors use prosecutorial 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 are examples of police discretion?

Police Discretion Essays (Examples) , Skolnick and Fyfe, and Walker, that conclude racial discrimination has been found in several policing duties, facilitated by police discretion, including shootings, use of force, arrests, street stops, offense charging, search and seizure, and equality of coverage.

What influences police discretion?

External and internal mechanisms that affect police discretion One of the mechanisms that influence police discretion is the lack of consensuses on what criminal behaviors the police should exercise discretion. First, there are no clear legal definitions of the offenses where discretion will apply.

What is the importance of police discretion?

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.

How is police discretion exercised?

Police discretion is freedom or the power of state officers to exercise various alternative actions towards a person. A police officer may choose to give a warning, issue a ticket of violation or arrest an offender. Not all circumstances allow police to have discretion.