Discretion is defined as the authority to make a decision between two or more choices (Pollock‚ 2010). More specifically‚ it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau‚ 2011). Every police officer has a great deal of discretion concerning when to use their authority‚ power‚ persuasion‚ or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement
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Discretion is a major factor in the entire criminal process and refers to the freedom of choice to carry or not carry out something. This can be seen in both a positive and negative light as the police and court can both use discretion which can be damaging to either party in court in terms of achieving justice. The role of discretion within the criminal justice system has many advantages and disadvantages in the way it deals with achieving justice for individuals. Discretion can be explored through
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Police discretion by definition is the power to make decisions of policy and practice. Police have the choice to enforce certain laws and how they will be enforced. "Some law is always or almost always enforced‚ some is never or almost never enforced‚ and some is sometimes enforced and sometimes not" (Davis‚ p.1). Similarly with discretion is that the law may not cover every situation a police officer encounters‚ so they must use their discretion wisely. Until 1956‚ people thought of police discretion
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Police Discretion Police discretion is the ability to choose a course of action because of broad limits of power. It "refers to the autonomy an officer has in choosing an appropriate course of action" (The Police In America‚ 113). It "includes authority to decide which of the various means of helping the helpless‚ maintaining order‚ and keeping the peace are best suited to particular circumstances" (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretion
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The Meaning of Discretion By definition‚ discretion means freedom to act or judge on ones own. With this privilege‚ evolves both pros and cons. A major problem which may occur are inconsistencies with the law. The same type of crimes may be given different punishments by judges. This would create controversy and accusations of prejudice and bias would certainly evolve. If the law were emphasized on discretion‚ the power would be mainly in judges and government official’s hands. It would be their
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Police Discretion Should all police officers of America be advised to enforce the law equally in all situations? Before a justifiable response‚ let’s create a scenario; a full grown man in his early twenties is walking in a residential neighborhood‚ carrying a baseball bat and smashing car windows. Authorities have been called and the man is obstructing both officers that arrived in a squad car- the man is swinging the bat in the direction of the officers and is creating a threat to their lives
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In most situations that police officers have to deal with‚ they are given a certain degree of discretion to decide not only when to use force‚ but also about which type of force to use. No matter what the situation is or what it seems to be at the moment‚ it requires the officer on the scene to analyze that particular situation and apply his or her training and moral values when choosing how to react. Police officers and law enforcement personnel hold the lives of each and every individual that
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Judges have sole discretion in finding a defendant guilty or not guilty. They also maintain the discretion other what charges are able to stick to the defendant at the preliminary hearing level. There has been cases where the Judge felt that certain charges weren’t applicable to a certain defendant and the Judge dismissed the charges. Though the prosecution is able to object to the decision that the Judge made‚ the Judge’s ruling still stands. Along with this‚ Judges have full discretion over a defendant’s
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Police Discretion 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. According to a research by Carrington and Schulenber (2004)‚ various factors affect police discretion. These factors include the seriousness and the nature of the crime‚ prior contacts with the police‚ injury to
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Police Discretion Should Be Enhanced Police discretion can be defined as can be examined in many ways. A police officer’s belief system consists of his or her beliefs‚ attitudes‚ values‚ and other subjective outlooks. Regardless of any factors‚ there is always room for improvement and police officer’s discretion should be enhanced. All police officer’s use discretion in every situation they encounter. Officers realize they are constantly in the public eye and every move they make
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