What are two of the five factors that influence police discretion?

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 are some of the major ways police exercise discretion?

Law enforcement officers exercise police discretion when deciding whether or not to draw their weapon, make an arrest, shoot someone, search someone, render assistance to someone, or issue a ticket to someone.

What are the biggest factors that affect police discretion?

THE PRIMARY FACTOR WHICH SEEMED TO INFLUENCE THE EXERCISE OF DISCRETION WAS THE DESIRE ON THE PART OF THE RESPONDENTS TO MAINTAIN A CERTAIN PUBLIC IMAGE OF THE POLICE ROLE, BASED UPON THEIR JUDGEMENT OF WHAT THE COMMUNITY’S EXPECTATIONS OF THE APPROPRIATE POLICE RESPONSE ARE.

What is discretion in policing?

In a law enforcement context, discretion only concerns decisions that are made in a legal setting. When decisions that are made by officers do not yield the desired positive results, but are made in good faith, these decisions still fall under the umbrella of discretion.

What are the four major factors that affect police discretion?

There are multiple factors that can affect a police officer’s discretion during a given incident.

• Suspect’s Demeanor.
• Suspect’s Record.
• Complaints.
• Attitude of Parents/Guardians.
• System Variables.

What are the four human behaviors that influence an officers discretion?

Legal Factors.

Administrative Factors.

Organizational Cultural Factors.

Which of the following is true about the use of discretion by a police officer?

Which of the following is TRUE about the use of discretion by a police officer? The closer the relationship between the alleged criminal and the victim, the more variable the use of discretion. Studies of past police practices regarding domestic violence found that….

Which of the following is an example of discretion by police administration?

Which of the following is an example of discretion by a police officer? A. deciding whether or not to use force against a resisting subject. Discretionary decisions made by ______ are more likely to affect citizens in indirect ways and are more often subject to review and analysis prior to making a decision.

How does police discretion affect the community?

The principle of police discretion allows a law enforcement official to make effective decisions while on the job when clear solutions may not be available. That means each officer has the flexibility to handle a situation in the manner that they feel best meets the needs of the individual and their overall community.

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. An example of discretion is not talking about politics at family dinners.

How is police discretion controlled?

In the criminal justice area, the main way in which discretion can be confined is by drafting techniques in connection with the legislation of substantive criminal law. An important source of discretion is the widely-framed or vaguely-defined offence.

What causes police discretion?

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. Whenever big bodies of law are passed, it is possible that just sticking to the letter of the law can lead to inequity.

What is police discretion and why is it important?

How does police discretion affect society?

When should police exercise discretion?

Hence, police have to use discretion when making decisions about: enforcing specific laws, allocating their time, investigating which crimes, searching people and vicinities, and whether to arrest or detain people (Reid, 2006).

Why is police discretion such an important concern?

The use of discretion allows the police officer the flexibility necessary to perform their job. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination.

What are the benefits of police discretion?

Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs.

Why is discretion necessary in policing?

Discretion is used by police officers when they are facing a decision with a bunch of results that could handle the situation but the officer has control to pick which result they would want to choose.

Why is police discretion necessary?

What is police discretion?

Learn to define police discretion, recognize examples, and compare the pros and cons. Updated: 12/03/2021 The phrase the thin blue line is often associated with the police. It means that police in their blue uniforms often act as a line between lawfulness and illegal acts. A ‘thin blue line’ also exists with police discretion.

Can the police use of discretion violate Fourth Amendment rights?

For instance, the officer could misinterpret a statute and make an erroneous arrest. Additionally, there are those who argue that the use of police discretion can potentially result in a violation of one’s Fourth Amendment rights.

What are the negative aspects of the use of discretion?

On the other hand, the use of police discretion has been criticized for negative aspects. To begin, there is the risk that the police officer might misinterpret a statute when performing his duties. For instance, the officer could misinterpret a statute and make an erroneous arrest.

What is the purpose of a police officer’s interpretation of the law?

It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination. In other words, the statute may indicate that a certain act is illegal; the police officer can then expeditiously make an arrest based upon his interpretation.