What role does discretion play in the criminal justice system and why is it important?

What role does discretion play in the operation of the criminal justice system?

Discretion plays an important role in the criminal justice system as it allows for all three areas of the process to exercise their ability to make decisions regarding suspects or offenders. … The police exercise their discretion by choosing to investigate or bring a crime to justice.

Why is it important to use discretion?

Discretion can help increase customer satisfaction, loyalty, as well as ensuring the safety and confidentiality of a particular client. However, professional discretion can also show how professional you are as a company.

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.

Why is police discretion such an important concern to our justice system?

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. … For instance, the officer could misinterpret a statute and make an erroneous arrest.

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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 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.

What is police discretion in policing?

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 discretionary power in the criminal justice system?

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.

What is police discretion quizlet?

Discretion. the freedom to act on own judgement. this concept refers to the latitude in police officer decision making.

What are the benefits and consequences of the use of police discretion?

The advantage of discretion here allows an official to focus their energy on specific situations where the law gets broken in a reckless manner. Officers can also make contact with individuals that they believe could be hiding something or have broken serious laws that require an intervention to keep others safe.

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