Your question: Why is it important for people involved in the criminal justice system to exercise discretion while performing their jobs?

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.

Why is discretion important in the 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.

How important is the use of discretion to effective policing?

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.

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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.

How discretion is exercised throughout 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 purpose 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 role does discretion play in the criminal justice system and why is it important?

discretion can enable judges, prosecutors, defense attorneys, and/or juries to implement sentencing policies in line with their own views, even if these policies conflict with formal law.

Is police discretion beneficial or harmful?

That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied. It limits burnout in law enforcement because it gives officers an opportunity to issue warnings instead of either charging people or letting them off the hook.

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What are the effects of the police exercise of discretion?

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.

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 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.

How discretion affects your decision making?

Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. Only the Constitution, through judicial enforcement, can limit discretionary decision making by legislative bodies to pass laws. …

What is the use of police discretion?

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.

What are the 4 C’s of the criminal justice system?

The justice system’s major components—police, courts, and corrections—prevent or deter crime by apprehending, trying, and punishing offenders. Police departments are public agencies whose purposes are to maintain order, enforce the criminal law, and provide services.

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Which is more important due process or crime control?

The due process model should prevail

The most important function of criminal justice should be to provide due process, or fundamental fairness under the law.

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.

Legality