Ten Guidelines for Its Use Hon. For centuries courts and commentators alike have wrestled with the concept of judicial discretion. Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent.
How to Write a Summary of an Article? The Pros and Cons of Police Discretion Drawing the line between the appropriate functions of discretion among members of the police force remains to be an important component of policing.
With the discovery of police discretion, there had been different debates as to its importance and hindrance in the application of law within communities.
Many arguments have been placed as a result of such discovery and have prompted different set of opinions and views concerning its continued practice. The way policing has been practiced in the realms of law enforcement has spurred an enhanced approach in the dealing with crime prevention and maintenance of peace and security within a particular community.
However, the subjectivity of interpretation among police officers when it comes to exercising discretion has resulted in various criticisms since its discovery. Due to this, there had been clamors for the abolishment and the promotion of its control.
The paper seeks to showcase the relative pros and cons of police discretion. By showcasing its relative strengths and weaknesses, it exposes the reality behind the subjectivity and bias of such actions. Realizing such scenario, there is a need for a redefinition and structuring of police objectives that will ensure the application of the rules and laws while at the same time ensuring that police discretion is rooted on objectivity and accountability.
Defining Discretion Before dwelling deeper in the relative strengths and weaknesses of police discretion, it is first important to emphasize on its meaning and its relationship with the police practice.
Establishing parameters and causes Also before elaborating on the strengths and weaknesses of police discretion, it is also proper to point out the relative causes of such concept and how it has cultivated the development of such practice.
Determining such parameters, one must look at the variables or factors that enhance police judgments and leads them to practice discretion. Examples include 1 offender variables, 2 situation variables, and 3 system variables APSU, Under the element of offender variables, the practice of subjectivity and prejudice somehow are manifested in the practice of law enforcement.
Such issue only brings about unequal practice and in the facilitation of sanctions and punishments for different violations. Another important variable involves the situation where the police enforces and uses discretion. It is in this situation that the priority is given on things that are unimportant rather than the actual case APSU, This lack of logical judgment on what matters most often results in a biased and inaccurate results.
Lastly, the system in a society also serves as an important and tool for the practice of discretion among the police force. The actual practice of discretion is dependent on the current situations that a system might be facing.
Such system in relationship with discretion varies, that is why such practice also is different depending on the particular situation. APSU, Positive Outcomes After the discussion concerning its definition and relative parameters and causes, the paper will highlight the positive outcomes of police discretion.
One important outcome of the issue is that it legitimizes the role of the police not only as the protector of laws but at the same time they are given the interpreting power to analyze situations.
Another important outcome of the said practice is that it creates a different aura for the police force that practice discretion.
The creation of laws are only relevant if they are ought to be enforced and practiced. Since they serve as the executor and protector of such laws, they are expected to address every challenges and hurdles given to them.
Lastly, the practice of police discretion is an important factor of police power and the maintenance of its hold and grasp of people within a particular community. The concept of discretion in itself is creating the determination of who are good and law-abiding citizens and who are criminals Seri, p.
Such power remains to be vital in the overall functions of police practice. Negative Consequences Given the positive influences that police discretion creates, there are also implications in such practice.
One important consequence is the relative abuse of power among police officers in the issue of discretion. Such actions often emanates on both the extremity and unequal judgment given by authorities. In addition, there seems to be a lapse and undue changing of laws that somehow have been an effect of irresponsible police discretion.
Prior to its original function of responsible practice under the basis of laws, there is now a scenario that challenges the foundation of accountability and laws. The practice of discretion is often times biased and prejudiced upon citizens and results in a negative impression and simplification among races and ethnicity in society.
Controlling Police Discretion Given the relative importance and challenges brought about by the issue of police discretion, there needs to be a controlling mechanism that will seek to prevent the misuse and abuse of power by police.I used discretion; I had a choice, and thankfully in explaining this choice several months before to my superiors, I was persuasive, they listened, and they agreed.
Prosecutors have discretion, they have a choice, but seldom does it seem that they use it. As nouns the difference between choice and discretion is that choice is an option; a decision; an opportunity to choose or select something while discretion is the quality of being discreet or circumspect.
As a adjective choice is especially good or preferred.
the discretion to choose between consecutive and concurrent sentences. The result is a great deal of variation: judge-to-judge, urban versus rural, and region-to-region. discretion definition: 1. the ability to behave without causing embarrassment or attracting too much attention, especially by keeping information secret: 2. the right or ability to decide something: 3. choice, or the right to make a choice, based on . Discretion is frequently discussed, often mischaracterized, and occasionally analyzed, but rarely defined. 3 We propose the following definition, adapted from choice or decision about alternative causes of action." by resource constraints and commonsense interests of justice. Discretion .
spaces of discretion.3 A comparative analysis on how law and discretion have been addressed in national administrative law will lay the basis for a normative conception that stresses both the autonomy of EU administrative actors in making policy choices – even.
discretion definition: 1. the ability to behave without causing embarrassment or attracting too much attention, especially by keeping information secret: 2. the right or ability to decide something: 3.
choice, or the right to make a choice, based on . Administrative discretion allows agencies to use professional expertise and judgment when making decisions or performing official duties, as opposed to only adhering to strict regulations or statuses.
For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action. choice lessons, choice activities, and choice discussions attached to them based on teacher judgment and discretion.
These may be good talking points to ask your children about. Sept- Bonding to School 5. Getting to Know Advisory Getting to Know You Time Capsule.