What Are Examples Of Police Discretion?

Is police discretion a good thing?

It improves the officers’ courage to make personal decisions, inputs and respect to other officers’ conscience even if the decisions made are later on revoked by their superior.

Discretion as a form of discernment revolves around making good, virtuous decisions and choices by habit..

What is discretion law?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. … If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

What do the police see when they run your name?

In general, police have unrestricted access to the DMV, driver’s license, and warrant databases, as well as the local police records.

Can police book you on private property?

Many people believe that if police saw you driving, they have the right to give you a breath test anywhere, but this is a myth. Simply being on private property is not enough to get you out of being breath tested, but police are not allowed to breathalyse you on your own property (or property that you are renting).

How many days do the police have to charge you with a crime?

In NSW, there is no ‘limitation period’ for ‘indictable offences’ which are more-serious criminal offences which can be dealt with in the District Court. This means that a charge can be brought anytime, even several decades after its alleged commission!

What is police discretion quizlet?

Discretion. the freedom to act on own judgement. this concept refers to the latitude in police officer decision making. Street level bureaucrats. according to the text, patrol officers exercise the greatest amount of discretion.

Why are cops referred to as 12?

Police are called 12 as a slang term. According to sources, 12 comes from the police radio code “10-12,” which means that visitors are present in the area where police are going. … It’s used in the streets to give a quick heads up to friends and or civilians that police have arrived or they are on their way.

What factors influence police discretion?

Characteristics of the suspect — Demeanor, style of dress and grooming may influence police discretion. Poorly groomed suspects can expect less respectful treatment. Some officers treat men and woman differently.

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.

What is an example of discretion?

Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. An example of discretion is not talking about politics at family dinners.

How is discretion used in policing?

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 illegal?

Police discretion is regulated not just by laws and regulations but by policing manuals and instructions, as well as by directions from a more senior officer in certain circumstances. 14.23 Police discretion can work in favour of, or against, a person suspected of criminal conduct.

Why is police discretion so important?

The use of discretion allows the police officer the flexibility necessary to perform his job. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination.

Do police officers have to tell you why you are being detained?

A police officer must always tell you that you are under arrest and explain why you are under arrest. They must also caution you that you do not have to say or do anything, but that if you do, it may be used in evidence against you.

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 causes changes in sentencing patterns, or it serves as the means by which internal social norms of the criminal justice system prevent the …

What is the meaning of discretion?

noun. the power or right to decide or act according to one’s own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.

What is discretion in the workplace?

When people in a company or organization are responsible for deciding when or how to perform certain tasks or aspects of the work, based on their knowledge and ability to judge, the responsibility for the decision is said to be at their discretion.

Can you say I don’t answer questions to a cop?

No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

Why is discretion important in the criminal justice system?

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 causes changes in sentencing patterns, or it serves as the means by which internal social norms of the criminal justice system prevent the …

What does it mean if the police take your name?

Police can ask you for your name and address if they have reasonable grounds to believe: you have committed a crime; … you may know something about a serious (indictable) crime; or. you are driving and they lawfully pull you over.

Can you tell a cop to leave your property?

Police may come into your house if you give your consent. However this consent can be later withdrawn. Once you have asked them to leave and they refuse to do so, they are trespassing if they have no other lawful grounds for being on your property.

Do cops have to identify themselves when asked?

Police officers in plainclothes must identify themselves when using their police powers; however, they are not required to identify themselves on demand and may lie about their status as a police officer in some situations (see sting operation).

Does an officer have to tell you his badge number?

Police officers are required to display and provide their identification on request—except when they aren’t. Many of us believe that we can ask any police officer for their name or badge number, and that a refusal to provide it is a violation of the law.

Can police discretion be controlled?

Abstract: Police are authorized only to enforce the law; their use of discretion in other areas is not authorized, but the elimination of discretion is neither possible nor desirable. … What is required is an informal authority inherent in the police role rather than in individual officers and that can use coercion.