What is meant by police discretion and why is it important?

14.21 Police discretion is an important and necessary feature of our criminal justice system. ‘ That is, a police officer may elect not to proceed in response to a minor offence or may choose to otherwise divert the offender.

Why do the police need to apply discretion in certain situations?

For instance, a person who is drunk in public could be arrested, but some officers may choose to just put him in a cab and send him home. Likewise, discretion must be used in determining how much force is needed to bring a suspect into compliance.

Does police discretion help or harm our criminal justice system?

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.

What is the relationship between discretion and police ethics?

Officers’ personal ethics are important, too. Police discretion means the police have freedom to decide what should be done in any particular policing situation. Discretion must be used to produce fair and just results. Any perception of discrimination or unfair treatment will result in a lack of police integrity.

Why is discretion important in criminal justice?

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.

What is the importance of discretion?

Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed.

How does discretion impact the decisions made in accordance with law and policy?

Judicial Discretion Definition Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent.

What is the purpose 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 factors 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.

Are police officers more prone to give tickets towards the end?

I often hear people say that police officers are more prone to give tickets towards the end of the month in order to meet their monthly quota. The truth of the matter is that the days of ticket quotas as a means to gauge officer productivity is long gone.

Do the police have too much discretion?

Inevitably, the police must use some discretion in carrying out their job. But too much discretion can be dangerous — it can promote discrimination, unpredictability and, most fatally, injustice.

Can a police officer receive a citation during a traffic stop?

“Whether or not an officer receives a citation depends on the type of violation, the vehicle the officer is driving, and the officer’s comportment. Officer discretion plays a huge role in the outcome of most traffic stops. If the detained officer steps out and is impaired by drugs or alcohol, s/he is subject to arrest.

Do police officers have a duty to write other off duty officers?

In the case of officers who feel it is their duty to write everyone, including other off-duty officers, the word got around, and one officer found himself in the bad position of almost losing his license as he had so many violations. His captain came to our office and requested our officers quit writing him.