What is discretion in criminal justice example?

What are some examples 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.

What are examples of police discretion?

What are examples of police discretion?

  • whether to draw his weapon.
  • whether to make an arrest.
  • whether to issue a traffic ticket or other violation.
  • whether to shoot a gun.
  • whether to perform a search.
  • whether to stop and assist someone.

Who uses discretion in the criminal justice system?

Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.

What is meant by police discretion?

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.

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Why do police use discretion?

The idea behind police discretion is that the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied. … 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.

How do you describe discretion?

2 : the quality of having or showing discernment or good judgment : the quality of being discreet : circumspection especially : cautious reserve in speech. 3 : ability to make responsible decisions. 4 : the result of separating or distinguishing.

What does discretion mean in law?

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.

How is discretion used in law enforcement?

The exercise of police discretion is a decision-making process, as officers evaluate the situations in which they intervene and choose a course of action from among a set of alternatives; if their involvement is not at the request of a citizen, they also make decisions about whether to intervene.

Why do prosecutors have 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 is the function of discretion?

Discretion exists when the decision maker has the power to make a choice about whether to act or not act, to approve or not approve, or to approve with conditions. The role of the decision maker is to make a judgement taking into account all relevant information.

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How do judges use discretion?

Judicial discretion refers to a judge’s power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.

How discretion is exercised throughout the criminal justice?

To ensure that discretion is exercised responsibly, government authority is often delegated to professionals.

How Discretion Is Exercised In The Criminal Justice System.

These criminal justice officials… must often decide whether or not or how to …
Paroling authorities Determine the date and conditions of parole Revoke parole