what is police discretion

what is police discretion

1 year ago 40
Nature

Police discretion refers to the power given to law enforcement officers to make decisions in the course of their duties based on their judgment and experience rather than on strict rules or regulations. It is a complex concept that cannot be understood without first understanding the political, social, and psychological context of modern policing. Police discretion is used while officers are performing their official day-to-day duties, and it is both a choice made by an individual officer and policy made by police administrators who govern and influence the actions of officers.

Some key points about police discretion include:

  • Definition: There is no legal definition of police discretion, but the most widely quoted definition is that of Kenneth Culp Davis: "A public officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction".

  • Necessity: Discretion is necessary to effective law enforcement because police procedures are not always clearly defined in law and because a communitys laws may differ from current norms.

  • Scope: Discretion of police officers is not limited to just enforcement of the law; it is a powerful force in the other police roles of public service and order maintenance.

  • Importance: Police discretion is important because it allows for flexibility. Laws can’t cover every possible situation, and by using their judgment, police officers can adapt to the specific circumstances they encounter. Additionally, this freedom allows police to prioritize more severe crimes over minor violations, thereby making more efficient use of their time and resources.

  • Examples: An example of police discretion is when a car gets pulled over for speeding. The officer can use their discretion and decide whether or not to issue a ticket, issue a warning, or make an arrest.

Overall, police discretion is a necessary and crucial part of police work, but it also has its limits that are defined by the courts. It is important to establish clear and precise guidelines to govern the use of force by police and to recognize that discretionary limits should be carefully defined.

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