Administrative discretion is important because it allows the administrator to make a decision based on law, and is not mandated by the constitution, status or other sources. Even though there are problems with administrative discretion is still necessary and desirable for implementing public policies; it helps the legislature to draft status that is clear and dictate all the actions in the administration process. There are no perfect fixes in life and with that said administrative discretion has some abuses, controversies and remedies, yet it is still necessary. “You see that a person is justified by works and not by faith alone”. James 2:24 ESV. In the text book Public Law & Public Administration it discusses Mr. Lockhart who was …show more content…
Discretion has the right to make or initialize decisions in the claim of normal rules and can be seen as “individualizing discretion." Openness to fill in spaces in ordered authority in order to execute assigned administrative functions may be called "executing discretion." The power to take action to further collective goals is "policymaking discretion. This is the reason why administrative is necessary and desirable for implementing public policies because of discretion they are giving.” Wise choices will watch over you. Understanding will keep you safe. Wisdom will save you from evil people, from those whose words are twisted.” Proverbs 2:11-12 NLT. Discretion shall preserve thee, Which wisdom or the Gospel gives, or the Lord by the means of it; for the Gospel makes a man wise and discreet in the business of salvation, and in his conduct and deportment; and the discretion it gives him will put him upon his guard, and direct him to watch against every error, and every false way. And so the words may be rendered, "discretion will watch over thee"; to keep thee from everything pernicious in doctrine and practice (Gill’s
Henry Drummond - the lawyer for the defense. He is famous for taking the cases of unpopular clients.
According to Cornelius Kerwin, "Rulemaking is the single most important function performed by agencies of government Rulemaking refines, and in some instances defines, the mission of every government agency. In so doing it provides direction and content from budgeting, program implementation, procurement, personnel management, dispute resolution, and other important government activities" (Preface XI). This is the foundation for the book, Rulemaking. The whole text primarily revolves around this statement. Throughout the book Kerwin's central theme is that rulemaking is the single most important function that any government agency has within its possession. Much like other admin law books he discusses how those agencies with their rulemaking powers interpret legislation and proceed forward with making policy.
Oliver, N. E. (2006). Influences on Judicial Decision Making. In N. E. Oliver, The Public Policy of Crime and Criminal Justice (pp. 371-374). Upper Saddle River, NJ: Prentice Hall.
This branch, however, does not have all the power. There is a system put into place by the founding fathers called checks and balances. This system was though up with one goal in mind, to allow near equal flow of power between the three branches. Each branch has a way to negate the effect of another branch's power. Whether that way be of major or minor influence to another branch.
"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)
The degree of force that officers use is heavily influenced by police discretion in real-world situations rather than espoused by a certain agenda. Discretion can be classified into four different categories where administrators, the community, and the individual police officer exercise differing degrees of influence in decision-making. What is needed to help officer discretion is a central ethos that will guide discretion when all other rules fail to help.
The issue of authority and respect has been and will be an ongoing issue between youngsters and their elderly. In the story Red Dress by Alice Munro and the movie Rebel without a Cause by Nicholas Ray the issue of authority and respect comes up many times through the character actions. Authority and respect is directly linked to one another. It is very hard to obey supremacy if you have no respect for authority. In both the works we have studied, all the characters have trouble dealing with the issues of authority and respect for themselves and for others, they do not show respect to their parents and therefore does not look upon them as authority figures.
Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).
Prosecutors, without doubt, are the most powerful and influential decision makers in the criminal justice system. The decisions they make on who will be charged with a crime or whether to accept a case at all, which charges to file, and various other vital decisions. When it comes to making these decisions, prosecutors possess the power to exercise their discretion at their choice without many limitations. Prosecutors, without doubt, are the most powerful and influential decision makers in the criminal justice system. The decisions they make on who will be charged with a crime or whether to accept a case at all, which charges to file, and various other vital decisions. When it comes to making these decisions, prosecutors possess the power to exercise their discretion at their choice without many limitations. In some cases, determining between life and death. While it is important that an individual in a position that has vast knowledge of the criminal justice system, such as a prosecutor, be able to make these decisions without bias or malicious intent. I do believe that too much of that
Police discretion. Police discretion is defined as the decision-making power afforded to Police Officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. Police discretion can be also defined as the individual’s ability to make a decision based on the principle of courses in the actions. Police officers are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision. In other words, police discretion is the choice the officer has on how he or she enforces the law. Discretion in law enforcement includes whom to arrest, whom to investigate, whom to talk to, and whom to interview (Pollock, 2014). Use of discretion
In the field of Public Administration there is a highly-defined structure of constitutional, legal, and procedural requirements that are in place to keep those in power in check. That being said, no matter how stringent the oversight, or how well-meaning the intentions of those who serve, Public Service is a complicated field with many landmines to navigate. As the Iran-Contra Affair illustrates, duties, orders, and responsibilities and can easily conflict with each other because there are so many areas of
In this essay a discussion will be explored about the benefits and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today?
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary powers and the relationship between policing attitudes and the use of discretionary powers. A discussion regarding the use of police discretion towards Aboriginal and Torres Strait Islander peoples can scarcely be mentioned without making reference to arguably the greatest failing by a police officer since indigenous Australians were formally recognised as citizens. Further to this, the case of Mulrunji Doomadgee (Cameron) will be examined from the point of view of officer discretionary powers. The penultimate point to be made will involve the Anglo Australian response to this case as well as the ongoing relationship between indigenous Australians and the institutions that govern them. As mentioned, the first point will involve policing ideals and their relationship to discretionary powers.
John Rohr views on Democratic Morality and the Administrative Law and how these laws affect the organizations. Democratic Morality deals with the issue that large organizations will have more control or influence on the development of policy. The Administrative law is concern with the legal aspect of the organization and the fairness across the board. The author examines the administrative law of democratic morality between the periods of 1800s and 1900s, with emphasis on the how democratic morality was used to bring about changes in the organizations. The author point is that bureaucrats who deal with policies should look to the Supreme Court for guidance on the constitution. It is important to understand the constitution and be able to explain why the attack on separation of powers in Congressional Government calls for changes in amendments to the constitution of the United States. The democratic morality policies as it relates to the law are constructed around the perspective of democratic responsiveness, public opinion, citizens, religious, and partisanship affect adoption of policy; these policies will include the U.S. Supreme Court. The Supreme Court has a profound effect on policy-making in America.
Rabin, J. (2003). Encyclopedia of public administration and public policy: K-Z. United States: CRC press.