Question: Why Is Police Discretion So Important?

Can you tell the police to leave your property?

Police are only allowed to stay on your property “as long as reasonably necessary.” In the case of Kuru v NSW (2008), police entered Mr Kuru’s home to investigate reports of domestic violence.

The court ruled in Mr Kuru’s favour and ordered police to pay his legal costs..

What are the 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.

Can you refuse to talk to police?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

Where does police discretion come from?

Discretion only comes into play once the judgment is that an offence prima facie has been committed, at which point the officer must make a discretionary decision as to whether to take certain enforcement actions (arrest, breathalyser test, search and seizure of the vehicle, etc) against the driver.

Is police discretion a good thing?

It permits the use of force when necessary to keep a community safe. Police discretion allows law enforcement officials to utilize their skills and experience to determine an acceptable level of force against a suspect. … For most police officers, preserving life is the best-case scenario.

What does police discretion mean?

Defining discretion in Law Enforcement. Discretion refers to an official action that is taken by a criminal justice official i.e. police officer, lawyer or judge etc. in which they use their own individual judgment, to decide the best course of action.

What does Judge’s discretion mean?

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.

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.

Is police discretion illegal?

Decisions made by officers without good faith are not classified as discretionary. Discretion in law enforcement, and especially within policing, is critical to both the functioning of the police department and to the relationship with the public the police department serves.

What does exercise discretion mean?

The exercise of discretion and independent judgment implies that one has authority to make an independent choice, free from immediate direction or supervision. However, discretion and independent judgment can be exercised even if the decision or recommendation is reviewed at a higher level.

Can police discretion be controlled?

Police are authorized only to enforce the law; their use of discretion in other areas is not authorized, but the elimination of discretion is neither possible nor desirable. … What is required is an informal authority inherent in the police role rather than in individual officers and that can use coercion.

Can police charge me without evidence?

What it comes down to is evidence, if you have been caught during the commission of a crime then you can be arrested on the spot, charged at the police station and interviewed under caution. If they have only a suspicion and no evidence then they can interview you voluntarily or under caution, then charge you.

What is police discretion and why is it important?

The use of discretion allows the police officer the flexibility necessary to perform his job. … 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.

Why do police officers use 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. … 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.

What is the power of discretion?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

Do you legally have to answer the door for police?

“When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do. … Citizens are not required to answer the door or talk to the police when they’re knocking at your door without a warrant.

What is the role 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 …

How do you know if police are investigating you?

How Do You Know If You Are Under Criminal Investigation?Always Be on the Lookout. Pay closer attention to your surroundings. … Tendencies of Authorities. Generally, you will not be told that you are under investigation unless they want to talk to you and ask specific questions. … Of Letters and Records. You may receive a subpoena or a target letter. … The Need For a Defense Lawyer.