What are the advantages of police officer discretion?

What are the advantages of police officer 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.

What are the cons of police discretion?

List of the Disadvantages of Police Discretion

• Statutory laws don’t cover every potential situation.
• It can be an invitation for cronyism.
• Violating orders can lead to the use of excessive force.
• It can lead to soft law enforcement mechanisms.
• Some police officers see discretion as being a form of unlimited authority.

Is discretion positive or negative?

Some view discretion negatively, while some view it positively. 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).

How does discretion impact law enforcement?

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.

How do police use discretion?

When a police officer suspects that a person has committed an offence they will exercise judgement (or discretion) as to how best to proceed. 14.22 In other circumstances, the exercise of discretion relates to decisions about how to initiate a criminal justice response.

Are discretionary powers necessary for police to function effectively?

Decisions made by officers without good faith are not classified as discretionary. 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 are the factors that limit patrol officer 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 is the function of discretion?

In a functional sense, discretion is often used by both legislators and judges to achieve fairness in procedure as well as in outcome. It enables judges, who are best placed to consider the particular facts of any given case, to identify what fairness may require in the circumstances.

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 is meant by police discretion and why is it important?

Police discretion. 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.

Do police have discretion not to prosecute?

“All officers have the legal authority to use discretion in the performance of their duty,” and “every officer is taught the use of discretion is a very important tool in their kitbag”. Police can indeed exercise their discretion in relation to a range of offences.

How does police discretion affect the general public?

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. This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests.

Which is an advantage of being a police officer?

Although patrol officers, on foot or in vehicles, receive the highest degree of autonomy in this area, anyone in law enforcement can enjoy some level of discretion with this advantage. The daily operations of a Police Department would not be as efficient if this approach was not taken regularly. 5.

Can a police officer use discretion to change charges?

Police officers can use discretion to determine what charges get filed against a suspect. That means law enforcement officials can change the nature of the charges that someone faces by choosing a lesser or related one then a severe violation.

How does police discretion lead to softer law enforcement mechanisms?

It can lead to soft law enforcement mechanisms. When police discretion gets abused at local precincts, it can result in softer law enforcement mechanisms. It may act as a motivation to the general public to be less respectful of the laws and regulations that govern their community.

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