2007-12-19 04:53:41 · 16 answers · asked by heatherrr323 1 in Politics & Government ➔ Law Enforcement & Police
It is not possible, nor is it practical, to write a law to cover every potential situation. For an officer in the field, the circumstances of a law violation can be different every time.
Discretion allows the officer to look at "the totality of the circumstances" instead of just the written law, and make a decision on all this information.
And discretion does not end there. There is "prosecutorial discretion", where the District Attorney can review the case and make a charging decision different from the officer. There is also "judicial discretion" where the judge can do the same for both the officer, and the prosecutor.
2007-12-19 06:06:40 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
You hit the nail on the head with your title "DISCRETION". Officers have that choice when pulling someone over whether to cite or not. The goal of most officers is safety and if the person will learn from a mistake that we all can make sometimes a warning is just as effective. I personally would never write a car full of Nuns unless there was some real extenuating circumstances. If there was no danger and they were remorseful and I felt that just warning them would get the same result as a citation then I would let them go..after they gave me a blessing first.
2016-05-25 01:16:58 · answer #2 · answered by raguel 3 · 0⤊ 0⤋
I've yet to see an act of discretion that resembled a sense of compassion. If a cop can make a decision weather or not to take you in on a warrant, and DOES, whats that say to the public about discretion??
2007-12-19 07:01:58 · answer #3 · answered by beccatainment04 1 · 0⤊ 0⤋
Why should they use discretion? Discretion is the ability to make sound judgments; obviously, we do not want the people who enforce the law to walk around making irresponsible decisions.
2007-12-19 05:00:49 · answer #4 · answered by bonx 3 · 3⤊ 0⤋
Because the sheer volume of crap in the court system would have it backed up 100 years, not to mention officers would have to pull over every single car they saw. because even if you go 1 mph over the limit, your breaking the law, and anytime that officer passes you, he is using his discretion not to pull you over for it and cite you.
2007-12-19 05:15:15 · answer #5 · answered by Kevy 7 · 2⤊ 0⤋
I can make a split second decision that's either going to piss someone off or really make their day. If someone is a habitual offender and I've just contacted him for the same thing he is a habitual offender for...guess what....I'm probably going to piss him off by issuing a ticket or taking someone to jail...now take for example YOU....let's say your not a habitual offender of anything....do you want me to use my discretion and let you go or do you want the law books taking away my decision and writing you into court......
2007-12-19 06:16:26 · answer #6 · answered by cclover _ 4 · 0⤊ 0⤋
By not using discretion they instill distrust in the general public.
2007-12-19 06:27:53 · answer #7 · answered by Yahoo Sucks 5 · 0⤊ 0⤋
Goes back to the golden rule: do unto others... I wouldn't want someone airing my dirty laundry all over the place, and so I wouldn't do it to them. And I'm glad the police do it this way- they can't 'do it to the right guy' until he's had a trial. that's what 'innocent until proven guilty' means.
2007-12-19 05:01:47 · answer #8 · answered by alyosha_snow_crash 5 · 0⤊ 0⤋
Because you are innocent until proven guilty
2007-12-19 05:01:11 · answer #9 · answered by D K 5 · 1⤊ 0⤋
as opposed to what ? shoot first and ask questions later ?
even the police have to follow the law (well... sort of *rollseyes*)
2007-12-19 05:02:09 · answer #10 · answered by Anonymous · 0⤊ 1⤋