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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.Discretion in decision making can be viewed from the perspective of the flexibility and choices granted to the decision maker based on the decision being made.
Only the Constitution, through judicial enforcement, can limit discretionary decision making by legislative bodies to pass laws. PROSECUTION: PROSECUTORIAL DISCRETION. The term "prosecutorial discretion" refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.
Journal of Accounting and Economics 8 () North-Holland MANAGERIAL DISCRETION IN THE CHOICE AMONG FINANCIAL REPORTING ALTERNATIVES Robert E. VERRECCHIA* University of Pennsylvania, Philadelphia, PA , USA Received October , final version received July This paper considers the role of an agent choosing among reporting alternatives when that choice is .
Demands, constraints, choices and discretion: An introduction to the work of Rosemary Stewart UNCG Author/Contributor (non-UNCG co-authors, if there are any, appear on document).
Police discretion is a potential tool for abuse that could possibly result into potential needless death and/or injury. A police officers choice may be influenced by personal factors that may determine an irrational decision. 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.