Discretion is a useful tool within many situations within society; however, it can also act as a double edged sword. Dictionary.com (2017) identifies discretion as the power to decide or act based on one’s own judgement. Where the difficulty exist is having no discretion can handcuff organization or staff into only being able to follow exactly what is outlined with no ability for adjustment based on different situation. Conversely, having too much discretion provides little to no guidance for individuals and give the subjective nature, the outcomes could vary greatly. Within the Urinalysis Testing CD, there are element of protocols and procedures where the use of discretion is present, as well as absent. Where discretion is absent is within the procedures of random selection testing, as a specific list is generated and the staff must abide by the procedures exactly. There are however exceptions to straying from …show more content…
As previously illustrated, reasonable grounds are subjective to the individual and their interpretation, which then instills their judgment. This sampling process is based off of the formulation of reasonable grounds to believe that a offence has or is being committed. Discretion is absolutely essential within this procedure as the staff must make decision on whether to act or not based on whether the elements of reasonable grounds were met or not. Given the inability to establish a foolproof illustration on every situation of what does or does not constitute as reasonable grounds, the concept can be vague. Due to this, is it up to the discretion of the staff to decipher whether the elements are met and can lawfully demand this sample. In addition, they must utilize discretion when deciding there is inadequate evidence and demanding a sample would greatly violate the offenders Charter Rights, whether this violation would be apparent or
The Court held that because of the “special facts” the “attempt to secure evidence of blood-alcohol content in this case was an appropriate incident to petitioner’s arrest.” Under current jurisprudence, we would construe the language about “special facts” as relating to the exigent circumstances exception to the Fourth Amendment – which resists categorical rules – and instead focuses on the need for the intrusion and the availability of a warrant. However, the language also justifies the search as “incident to petitioner’s arrest,” which would indicate that the test was upheld as a search incident-to-arrest. In situations where it is appropriate, that has been described as a “categorical” exception to the warrant requirement that does not require any case-by-case
This case commentary discusses the different approaches used to be taken in Victoria and NSW, presuming that the admissibility of the Evidence in ss 97, 98 and 101 is of the same decision, not separate decision .
fact that there would have to be considerable respect given to officer discretion in light
In this paper, an examination of the legal standard of relevance evidence will be discussed. Furthermore, the rules of inclusion and exclusion of evidence based on the wording of the rules will be scrutinized. In the final section, examples of evidence will be presented that could be both relevant and irrelevant for certain crime.
Ethical decision making according to Bush, Connell & Denney (2006), is essential especially to help therapist or psychologist avoid any situation that might cause misconduct compromising the ethics of a patient. Also, the steps are useful to a forensic psychologist by assisting them to identify and solve any ethical problems they are likely to encounter. The belief of Bush, Connell & Denney stressed on the need to develop a sense of divergence among conflict of interest; this to Bush and colleagues is useful in the legal system hence,
Ethical judgements limit the methods available in the production of knowledge in both the arts and the natural sciences. Discuss.
Reasonable Suspicion is a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable su...
Discretion is usually described as a choice of options or actions one can take in a situation. People exercise discretion everyday. Discretion is like when you want to watch a movie and you are contemplating whether you want to watch a scary movie or a comedy movie. Discretion involves making a judgment and a decision. Although everyone experiences discretion, not everyone makes the same choices or decisions when it comes to discretion.
So much is to be said about law enforcement and the discretion that is needed to maintain good order, impeccable judgment, and discipline within the ranks. Discretion is a topic that varies from person to person and institution to institution; it holds many different meanings and can be used negatively if sound judgment is not exhibited.
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
Some of the deficiencies in the way cultural relativism addresses moral problems, according to Holmes; are that they remain impractical, they are subject to change depending on where you live, and that people tolerate the different cultures. As a professional business person, I agree with Holmes analysis. Allowing others perceptions or beliefs to get away with our own personal beliefs would be contradicting ourselves. It is important to stand up for our beliefs, and help educate others on ethical issues. Over time we can make a difference in the world by modeling moral beliefs and ethics.
How prevalent is police discretion and why does it exist? Can discretion be eliminated? Should it be? Due Date March 11 2005
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?
...n of legally obtained evidence and statements. Each and every person involved in the process of the evidence collection and processing must be available for trial. If one of these parties is not available, it may cause some doubt in the juror’s mind, as to what was done with that piece of evidence. The case must be proven beyond a reasonable doubt. In conclusion if any piece of this investigation is not followed by using established guidelines, the outcome will not lead to the successful conviction.
middle of paper ... ... Having a process for ethical decision-making is extremely effective. When adopted consistently, the method develops into a recognizable system that people can manage to work with automatically without consulting the precise steps. Although all decisions should be handled equally, balancing acts take precedence as to what options are better because pleasing both sides may at times be untenable. References American Academy of Orthopedic Surgeons, Inc. (2010).