Essay On Discretion

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Central to the rule of law is the need for individualised justice.Police Discretion Police Discretion Discretion is defined by the Merriam-Webster Dictionary as “the ability to make responsible decisions, individual choice or judgment, power of free decision or latitude of choice within certain legal bounds.” In law enforcement discretion is left up to each individual officer on the field everyday.Police officers are given the authority to make reasonable and responsible decisions out in the field.These are but two examples of the Parliament attempting to limit judicial discretion.As an example, amendments imposing mandatory terms of imprisonment for offenders who assault emergency services workers appears to be a knee-jerk response to tabloid media and community pressure. Its publication is also timely, albeit long delayed, in that it comes hard on the heels of a period in which the intellectual history of legal thought has been the subject of wide interest and some very powerful scholarship. Hart’s essay should be published by this Review, appearing fifty-seven years after it was written in the early months of his visit to Harvard, thus joining a distinguished tradition of posthumously published scholarship of the 1950s, most notably Lon Fuller’s The Forms and Limits of Adjudication, and Henry Hart and Albert Sacks’s The Legal Process.Society believes that an officer can make any choice he or she chooses Officers often do not choose to arrest in a domestic dispute because they believe the family, not the justice system, should resolve the problem.If the police officer abuses his discretionary power by persuading the victim to not file charges, then he is going against community policing.Discretion is used in many situations, such as when an officer chooses to stop a vehicle for a small traffic violation.There are also times when the officer has no choice but to use specific discretion in certain situations.


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