Discretion Definition. -official action by criminal justice official based on individual’s judgment about best course of action. -helpful to look at system as serious of discretionary choices.
What is discretion quizlet?
What is Discretion. The free exercise of judgement to choose between possible courses of action or non-action, in situations not clearly requiring mandatory action by law, police policy or dirctive.
Which of the following is an example of discretion in the criminal justice system?
For example, a traffic violation, the police officer may simply issue a warning. In fact discretion can be found in all stages of the criminal justice system. The victim, has the discretion to use self defense and to report the crime given the opportunity.
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.
What is discretion law?
[The] legal concept of discretion implies power to make a choice between. alternative courses of action. If only one course can lawfully be adopted, the. decision taken is not the exercise of a discretion but the performance of a duty.
What does discretion mean?
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.
What does discretion mean in criminal justice?
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 the role of discretion in criminal justice?
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 the role of discretion in 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 discretion such an important part of our criminal justice system?
As elsewhere in life, discretion is important in the criminal justice system. … Discretion is also important in that it allows judges to take certain policy imperatives into consideration. In some cases, for example, it may be necessary for the courts to show leniency because the prisons are overcrowded.
What factors influence police discretion quizlet?
Police discretion is influenced by the circumstances of each situation such as: 1) seriousness of the crime 2) strength of the evidence 3) preference of the victim 3) relationship between victim and suspect 4) demeanor of suspect.
What is police discretion how does the practice?
How does the practice of discretion by today’s officers affect their departments and the policing profession as a whole? Answer: Police discretion is when a law enforcement officer has an opportunity to exercise a choice in their daily inaction’s with the community.
What are the major determinants of police discretion quizlet?
Terms in this set (6)
- Five Factors of police discretion. nature of crime. …
- nature of crime. the less serious crime to public, more freedom officers have to ignore it.
- relationship between criminal/victim. …
- relationship between police and criminal/victim. …
- race/ethnicity, age, gender, class. …
- departmental policy.
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. … All the decisions were left to our discretion.
Is police discretion good or bad?
Every person, no matter how minor their offense might be, would get arrested and taken to court to face charges without this presence of this principle. That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied.
What does abuse of discretion mean?
abuse of discretion. n. a polite way of saying a trial judge has made such a bad mistake (“clearly against reason and evidence” or against established law) during a trial or on ruling on a motion that a person did not get a fair trial.