Discuss the use of police discretion

Question

What will be an ideal response?

Answer 1

The exercise of discretion in the administration of justice is inevitable because trying to follow each rule all the time would bring about serious problems. For example, if every person were to be arrested for speeding—even for going one mile above the speed limit—our courts would be overburdened in terms of its workload. In addition, such an action by an officer would increase public resentment against the justice system. Discretion occurs at every level of decision-making in the justice system. It is used because it is necessary to make the system function properly. Discretion is an exercise of judgment. It is also personal which means that individual experience, education, style, goals, and ethics are all involved in the decision-making process. The text cites two obvious elements of discretion. One is judgment which means that some choice is made among perceived options. Another element is personal autonomy as well as personal influence over the lives of others. It is also important to note that the exercise of discretion in one part of the justice system affects all other parts. Although discretion is often limited by statute, good "common sense" in the application of the law would seem to be an advantage for all.
Objection: Knowledge about the concept of discretion