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Articoli di riviste sul tema "Police discretion"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 25 luglio 2025

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1

Arcuri, Alan F., Mary M. Gunn, and David Lester. "Measuring Police Discretion." Perceptual and Motor Skills 64, no. 3 (1987): 774. http://dx.doi.org/10.2466/pms.1987.64.3.774.

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2

Carrington, Peter J., and Jennifer L. Schulenberg. "Structuring Police Discretion." Criminal Justice Policy Review 19, no. 3 (2008): 349–67. http://dx.doi.org/10.1177/0887403407307240.

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3

Said, Abbas. "TOLAK UKUR PENILAIAN PENGGUNAAN DISKRESI OLEH POLISI DALAM PENEGAKAN HUKUM PIDANA." Jurnal Hukum dan Peradilan 1, no. 1 (2012): 147. http://dx.doi.org/10.25216/jhp.1.1.2012.147-170.

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Basically, the law works by providing boundaries. In the context of law enforcement by the police, the constraints in the form of control over the police in freedom Protect the order or stop crime. But there is a different reality when police faced with a reality in which the law could not answer the problem. In this position the use of discretion by police do legal interpretation as a bridge between the law with social objectives. The question that arises then is used is not appropriate discretion and not in accordance with the purposes of the law itself. The benchmark police discretion based

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4

Ikbal, Muhammad. "Implementation of Discretion Perspective of Penal Policy (Study of Yogyakarta Police Department)." Journal of Indonesian Legal Studies 3, no. 1 (2018): 75–92. http://dx.doi.org/10.15294/jils.v3i01.23208.

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The purpose of this research is to know the regulation of police discretion of Yogyakarta special region in criminal law enforcement and how to apply police discretion in criminal law enforcement in terms of penal policy aspect. The implementation of the special police discretion of the special region of Yogyakarta is guided by the provisions of written rules and unwritten rules that live in the community and is guided by the lines of criminal law policy. The application of the special area police discretion of Yogyakarta can be applied by investigators and investigators through restorative ju

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5

Phillips, Scott W. "Police Discretion and Boredom." Journal of Contemporary Ethnography 45, no. 5 (2016): 580–601. http://dx.doi.org/10.1177/0891241615587385.

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6

Nowacki, Jeffrey S. "Organizational-Level Police Discretion." Crime & Delinquency 61, no. 5 (2011): 643–68. http://dx.doi.org/10.1177/0011128711421857.

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7

Gomes de Almeida, Franklin Epiphanio. "POLICE DISCRETION AND PROCEDURAL JUSTICE." Revista do Instituto Brasileiro de Segurança Pública (RIBSP) 4, no. 8 (2020): 78–88. http://dx.doi.org/10.36776/ribsp.v4i8.120.

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 Discretion is an important and inevitable characteristic of policing that raises several discussions among academics and practitioners in the field due to the significant impact that police decisions can have on citizens’ lives and on the credibility of police institutions. This controversial attribute of police power presents challenges to the exercise of policing in democratic societies. This essay argues that procedural justice upholds police discretionary powers. It also presents real-life examples of how the exercise of police discretion in policing diverse communities may be used

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8

Koni, Agung Subayu. "The Concept of Police Justice in Law Enforcement of Minor Criminal Offenses Through Discretion." Strata Law Review 3, no. 1 (2025): 36–46. https://doi.org/10.59631/slr.v3i1.336.

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Law enforcement is the main function of the police in maintaining public order and security. Police often face situations requiring quick and correct decisions, especially in handling minor crimes. Minor crimes require a proportional and fair law enforcement approach. However, there are problems in law enforcement for minor violations, which are often considered less than proportional. This dilemma is made even more complex by the discretionary authority possessed by the police, which allows them to resolve cases outside formal judicial channels. This research aims to identify the justice form

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9

Morgan, Matthew. "Police Responses to Persons with Mental Illness: The Policy and Procedures Manual of One Australian Police Agency and ‘Procedural Justice Policy’." Social Sciences 10, no. 2 (2021): 42. http://dx.doi.org/10.3390/socsci10020042.

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Persons with mental illness (PWMI) often report negative perceptions of police treatment following receiving criminalising and heavy-handed police responses. To appropriately control officer discretion and to harness ethical, legal, and efficient police practice when encountering vulnerable and diverse individuals, police agencies across the world issue policy documents to their officers. These documents serve as a reflection regarding how police agencies aspire to manage PWMI in the community. Using a procedural justice framework, this research measures how a large police agency in Australia

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10

Mastrofski, Stephen D. "Controlling Street-Level Police Discretion." ANNALS of the American Academy of Political and Social Science 593, no. 1 (2004): 100–118. http://dx.doi.org/10.1177/0002716203262584.

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11

Daniels, R. Steven, Lorin A. Baumhover, William A. Formby, and Carolyn L. Clark-Daniels. "Police discretion and elder mistreatment." Journal of Criminal Justice 27, no. 3 (1999): 209–25. http://dx.doi.org/10.1016/s0047-2352(98)00055-5.

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12

Dhami, Mandeep K., Samantha Lundrigan, and Sian Thomas. "Police Discretion in Rape Cases." Journal of Police and Criminal Psychology 35, no. 2 (2018): 157–69. http://dx.doi.org/10.1007/s11896-018-9299-4.

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13

Wortley, Richard K. "Measuring Police Attitudes Toward Discretion." Criminal Justice and Behavior 30, no. 5 (2003): 538–58. http://dx.doi.org/10.1177/0093854803254805.

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Yadi, Mul, Rinto Yulianto, and T. n. Syamsah. "APPLICATION TRAFFIC MANAGEMENT TASK." DE RECHTSSTAAT 1, no. 2 (2015): 156–71. http://dx.doi.org/10.30997/jhd.v1i2.456.

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ABSTRACT In the exercise of police discretion, the Traffic Unit officers Bogor City Police guided by Article 18 paragraph (2) of Law No. 2 of 2002 on the Indonesian National Police "In the circumstances it is necessary to pay attention to laws and regulations, as well as the Code of Professional Ethics of Indonesian Police". One example of the application of police discretion were conducted by the Traffic Police Unit Bogor City to tackle congestion in the city of Bogor, especially at traffic light Bogor Palace is to regulate traffic density without referring to the traffic light. Identify the

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15

Lastari, Saptanti, and Sri Kusriyah. "Police Discretion Policy In Handling Middle/Minor Crimes (Tipiring) Based On Justice Value." Law Development Journal 3, no. 3 (2021): 579. http://dx.doi.org/10.30659/ldj.3.3.579-586.

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The purpose of this study is to analyze the police discretionary policy in handling minor crimes (Tipiring) not based on the value of justice, analyze the constraints of the police discretionary policy in handling minor crimes (Tipiring) at this time and analyze the police discretionary policy in handling criminal acts (Tipiring) in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the the

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16

Degollado, Jean Percel Bitoca. "Factors Affecting the Exercise of Police Discretion as Perceived by the Sorsogon City Police." Journal of Advances in Humanities Research 2, no. 2 (2023): 27–46. http://dx.doi.org/10.56868/jadhur.v2i2.131.

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Police as leaders hold a critical role and should stand firm and dignified. The main objective of this research work is to highlight factors that could influence the exercise of police discretion, as perceived by the Sorsogon City Police. This research work utilized the use of descriptive-correlation design, utilizing questionnaires as the means to identify the possible factors; twenty-two questionnaires were used and retrieved. Among the factors that got a high score for conducting an arrest is the location of the Place of the suspect to be arrested, with an average weighted mean of 3.32. As

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Muhammad Khavindra Tamam. "Analisis Yuridis Tentang Kewenangan Diskresi oleh Kepolisian." PROSIDING SEMINAR NASIONAL PENDIDIKAN, BAHASA, SASTRA, SENI, DAN BUDAYA 3, no. 2 (2024): 295–311. https://doi.org/10.55606/mateandrau.v3i2.2894.

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Indonesia is a constitutional state. As a country that adheres to the rule of law doctrine, the role of the police is crucial, both as a law enforcement agency and as protectors of the community. In carrying out their duties as law enforcement officers, the police are granted the authority to exercise discretion, which allows them to make decisions or take actions based on their own judgment, in accordance with the situation at hand, which must be accountable. The legal basis for the discretionary policy used by the police is regulated in Law Number 2 of 2002, the Criminal Code (KUHP), and nat

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18

Barlow, Charlotte, and Sandra Walklate. "Policing Intimate Partner Violence: The ‘Golden Thread’ of Discretion." Policing: A Journal of Policy and Practice 14, no. 2 (2018): 404–13. http://dx.doi.org/10.1093/police/pay001.

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Abstract This paper offers a critical appreciation of pro-arrest-positive policing policies towards intimate partner violence (IPV). It examines the extent to which such policies, and the research associated with them, have operated within a partial understanding of discretion, which has paid detailed attention to the response of the front-line officer and how that response might be changed either by improved training and/or by rule tightening. Such approaches assume that policing IPV is separate and separable from policing other forms of violence(s) and fail to recognize the wider context of

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19

Samsul Rijal Sahir. "Use of Discretion in Criminal Acts by the Police in Hart's View." International Journal of Law and Society 1, no. 4 (2024): 153–61. http://dx.doi.org/10.62951/ijls.v1i4.176.

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This research discusses that the application of discretion often causes problems. However, on the one hand, discretion is also helpful for the Police in carrying out the investigation and investigation process so that they can quickly solve a problem that arises in the field. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia was born to try to put discretion into the practice of criminal law. The Criminal Procedure Code describes how discretion is applied, but the measure of the application of discretion, whether this discretion is better to exist or not, the val

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20

Haerul, Agus, and Zainuddin Zainuddin. "Restorative Justice: An Approach in the Settlement of Land Crimes in the Indonesian National Police." European Journal of Law and Political Science 2, no. 2 (2023): 46–52. http://dx.doi.org/10.24018/ejpolitics.2023.2.2.78.

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This study examines the use of restorative justice in dealing with land crimes at Police level. Land disputes that were originally civil often turn criminal. Various crimes on land are often under the jurisdiction of the South Sulawesi Regional Police. This study aims to identify and analyze the approach of restorative justice in solving land crimes as a police discretion and the implementation of restorative justice in solving land crimes by Indonesian National Police investigators. The restorative justice approach is part of the Polices discretion to deal with land crimes. The discretion giv

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21

Jasch, Michael. "Police and Prosecutions: Vanishing Differences between Practices in England and Germany." German Law Journal 5, no. 10 (2004): 1207–16. http://dx.doi.org/10.1017/s2071832200013171.

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Police powers of discretion to discontinue criminal proceedings are rather exceptional in Europe, where most Criminal Justice Systems are based on some kind of principle of legality. Germany and England may be regarded as contrasting examples for different decision-making-models on the question whether or not to prosecute an offender. Germany, with a principle of compulsory prosecution theoretically guiding the work of public prosecutors—compared to England, where already the police have significant powers of discretion when deciding about a case. In recent years, however, the differences betw

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22

Siregar, Salwa Ramadhani, and Anajeng Esri Edhi Mahanani. "IMPLEMENTATION OF POLICE DISCRETION IN CRIMINAL LAW ENFORCEMENT IN ANARCHIC DEMONSTRATIONS." JARES (Journal of Academic Research and Sciences) 9, no. 1 (2024): 47–55. http://dx.doi.org/10.35457/jares.v9i1.2910.

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Police discretion is the authority of members of the police to take a policy in certain situations that require their own judgment as long as it does not violate statutory provisions. It aims to guard, maintain order and ensure public security. However, policies issued often raise pros and cons, especially when enforcing criminal law in securing demonstrations. The community considers that the actions taken are a form of hindering the achievement of their aspirations. This condition eventually led to riots during demonstrations which could threaten the safety of the demonstrators, police offic

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23

Kaspol Jihad. "JURIDICAL ANALYSIS OF LAW ENFORCEMENT OF THE DISCRETION EFFORTS RESEARCH IN POLRESTA BARELANG." LITERACY : International Scientific Journals of Social, Education, Humanities 2, no. 1 (2023): 116–26. http://dx.doi.org/10.56910/literacy.v2i1.516.

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Circulation is increasingly widespread in the current case of drug abuse, and the mode of operation is increasingly diverse; the police must develop their own law enforcement strategies. However, there is also a need for some form of supervision and control of actions policing to reduce the possibility of abuse of discretion so that the negative impact of implementing the discretion does not result in injustice. The law only contains the basic rules in practice enforcement, which always depends on the community context. Therefore The police are given the authority to exercise police discretion

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24

Rolandsson, Bertil. "The emergence of connected discretion." Qualitative Research in Organizations and Management: An International Journal 15, no. 3 (2019): 370–87. http://dx.doi.org/10.1108/qrom-04-2019-1746.

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Purpose Previous studies repeatedly claim that social media challenge and even disrupt organizational boundaries conditioning discretionary work. The purpose of this paper is to investigate how police officers, drawing on institutionalized value logics, actively shape their awareness of how to use social media with discretion. Design/methodology/approach Drawing on semi-structured interviews with police officers from Sweden, the analysis explores similarities and variations in how they assess their discretionary awareness of how to manage social media potentials across different police practic

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Nurmala, Leni Dwi, Robby Waluyo Amu, and Yusrianto Kadir. "POLICE DISCRETION IN INVESTIGATION OF TRAFFIC AFFECTS PERFORMED BY CHILD." Jurnal Geuthèë: Penelitian Multidisiplin 5, no. 2 (2022): 246. http://dx.doi.org/10.52626/jg.v5i2.160.

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The implementation of discretion by the police seems to be against the law, but it is a way out that is indeed given by law to the police in order to provide efficiency and effectiveness for the greater public interest, furthermore discretion should not be eliminated. Discretion cannot be removed and should not be eliminated. Discretion is an integral part of the role of the institution or organization. However, discretion can be limited and controlled, for example by tightening written orders and the existence of programmed decisions that are at least able to formulate and demand discretionar

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26

Darma, Kadek Agus Surya, Lesza Leonardo Lombok, and Feibe Engeline Pijoh. "THE USE OF POLICE DISCRETION IN INVESTIGATIONS OF CRIME IN THE MINING SECTOR." International Journal of Applied Science and Sustainable Development (IJASSD) 7, no. 1 (2025): 12–20. https://doi.org/10.36733/ijassd.v7i1.9452.

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Criminal acts in the mineral mining sector in Indonesia are rife and have become public knowledge. These criminal acts include mining without a mining business permit, data manipulation practices at the exploration stage, mining in protected forest areas, limited production forests and laundering of mining products as well as reclamation and post-mining. The police play a very important role in carrying out law enforcement duties in the environmental sector. Sometimes, because of the lack of environmental knowledge, the police use discretion. Although acting based on the law is basically consi

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Waddington, P. A. J. "Discretion, ‘Respectability’ and Institutional Police Racism." Sociological Research Online 4, no. 1 (1999): 175–83. http://dx.doi.org/10.5153/sro.243.

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Oh, Seunghyun, and T. J. Lah. "An Empirical Analysis on the Operational Effectiveness of the Police Public Officials' Council: Focusing on Organizational Fairness, Gender Sensitivity, Discretion, and Job Satisfaction." Korean Association of Governance Studies 34, no. 2 (2024): 53–82. http://dx.doi.org/10.26847/mspa.2024.34.2.53.

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The purpose of this study is to confirm the effect of organizational fairness, gender sensitivity, and discretion on job satisfaction for 36,423 police officials, and to analyze the moderating effect of the operation of the police public officials' council in consideration of the importance of introducing the police public officials' council. As a result of the analysis, it was found that organizational fairness and discretion had a statistically significant positive effect on job satisfaction, and the moderating effect of the operation of the police public officials' council on organizational

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Herbayu, Lega Ikhwan, Lesza Leonardo Lombok, and Arthur Novy Tuwaidan. "POLICE AUTHORITY IN ENVIRONMENTAL POLLUTION CRIMES: THE USE OF DISCRETION IN THE INVESTIGATION PROCESS." International Journal of Applied Science and Sustainable Development (IJASSD) 7, no. 1 (2025): 21–31. https://doi.org/10.36733/ijassd.v7i1.9458.

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The police as law enforcement officers who are given the authority to carry out inquiries and investigations based on statutory regulations must be able to understand the various problems contained in the Environmental Protection and Management Law. One of the reasons for using discretion in investigating criminal acts in the environmental sector is the lack of PPNS (Civil Servant Investigator) resources in the area where the crime occurred to carry out the investigation. For the sake of effectiveness and efficiency of investigations, Police Investigators take a discretionary policy by carryin

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Nurhadinata, Angga, Candra Wibowo, Harmono Harmono, and Agus Dimyati. "Law Enforcement of Police Discretion to Resolve Traffic Accidents at the Investigation Level." Interdiciplinary Journal and Hummanity (INJURITY) 3, no. 9 (2024): 580–87. http://dx.doi.org/10.58631/injurity.v3i9.298.

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Traffic accidents are one of the serious problems that are often faced in the context of law enforcement, especially in countries with high traffic density such as Indonesia. This study aims to evaluate how discretionary decisions taken by police investigators can affect the case settlement process, taking into account aspects of justice and public interest. The study utilized policy documents as the primary data source, focusing on analyzing these documents through a systematic document analysis and content analysis approach. The document analysis technique will help in organizing and summari

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Jekli Tosubu, Robby Waluyo Amu, and Ibrahim Ahmad. "Analisis Kewenangan Diskresi Kepolisian dalam Proses Penyidikan Perkara Tindak Pidana Pencemaran Nama Baik." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 2, no. 2 (2025): 165–83. https://doi.org/10.62383/progres.v2i2.1698.

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The implementation of police discretion in the process of investigating criminal defamation cases shows that discretion is an important instrument for police officers in assessing, determining, and following up on a criminal report based on urgency, public interest, and the principles of proportionality and professionalism. In cases of defamation, which are often subjective and private, discretion allows investigators to consider various factors such as motive, impact, and the possibility of resolution outside the criminal path. Factors Affecting the Implementation of Police Discretion in the

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Apri Amalia and Johannes Mangapul Turnip. "Pertanggungjawaban Hukum Kepolisian Yang Melakukan Kealfaan Dalam Tindakan Diskresi Terhadap Tindak Pidana Lalu Lintas." Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 1, no. 2 (2023): 119–33. http://dx.doi.org/10.55606/birokrasi.v1i2.560.

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Discretionary actions are the authority of investigators who are decided by the Police in dealing with legal issues ini the field directly and without asking for instructions or decisions from their superiors. The discretion exercised by investigators basically must comply with statutory regulations and the code of ethics for the police profession. However, in reality there is still discrimination in the exercise of police discretion. The aim of the research is to find out the mechanism of impelemntation and legal accountability for the police who do negligence ini traffic discretion. The rese

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Sembiring, Joy Christ Prilendo. "SISTEM PELAKSANAAN DISKRESI SECARA HUKUM OLEH KEPOLISIAN SEBAGAI APARAT PENEGAK HUKUM DALAM PEMOLISIAN YANG DEMOKRATIS." Ilmu Hukum Prima (IHP) 5, no. 1 (2022): 1–11. http://dx.doi.org/10.34012/jihp.v5i1.2455.

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The application of discretion is the policy of the office that essentially allows public officials (including the police) to carry out policies that violate the law, on three conditions, namely in the public interest, still within the limits of their jurisdiction, and do not violate the General Principles of Good Government. Data analysis is done qualitatively by collecting primary, secondary and tertiary legal materials related to research. The results of the analysis obtained are: the concept of police discretion as a law enforcement officer in the future in democratic policing is characteri

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오창식. "Study on the administration discretion of chinese police - Focus on firearm discretion -." 법학연구 59, no. 2 (2018): 29–51. http://dx.doi.org/10.35275/pnulaw.2018.59.2.002.

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Rudiyanto, Nur Sariono Joko, and Tri Vinata Ria. "Characteristics of Police Discretion in Handling Demonstrations Resulting in Mass Rage Based on Law No. 2 of 2002." International Journal of Social Science and Human Research 07, no. 08 (2024): 6218–27. https://doi.org/10.5281/zenodo.13709161.

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The study entitled Characteristics of Police Discretion in Handling Demonstrations Resulting in Mass Amok Based on Law No. 2 of 2002 raises the problem of how the characteristics of police discretion in handling demonstrations that result in mass amok based on Law No. 2 of 2002. The research method used in this study is normative research, namely by basing it on the applicable laws and regulations (positive law) using a statutory and conceptual approach. Based on the research method as mentioned above, the following discussion can be produced: Securing demonstrations is part of the role of the

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Ciptono. "KEADILAN HUKUM DALAM PENERAPAN DISKRESI KEPOLISIAN GUNA PENGHENTIAN PENYIDIKAN TINDAK PIDANA KECELAKAAN LALU LINTAS PERSPEKTIF UNDANG – UNDANG NOMOR 2 TAHUN 2002." Lex Journal : Kajian Hukum dan Keadilan 6, no. 1 (2022): 60–79. http://dx.doi.org/10.25139/lex.v6i1.4357.

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ABSTRACT This study aims to examine legal justice in the application of police discretion to stop the investigation of criminal acts of traffic accidents at this time, the problems and solutions of legal justice in the application of police discretion to stop the investigation of traffic accidents from the perspective of Law No. 2 of 2002. This approach method uses sociological juridical approach with qualitative methods supported by primary and secondary data. With the research specification is descriptive analytical, so that the deepening of the problem is very necessary. The results o

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Reiman, Jeffrey. "Against Police Discretion: Reply to John Kleinig." Journal of Social Philosophy 29, no. 1 (1998): 132–42. http://dx.doi.org/10.1111/j.1467-9833.1998.tb00101.x.

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Belknap, Joanne, and Gregory Howard Williams. "The Law and Politics of Police Discretion." Journal of Criminal Law and Criminology (1973-) 76, no. 4 (1985): 1160. http://dx.doi.org/10.2307/1143508.

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Schulenberg, Jennifer L. "Moving Beyond Arrest and Reconceptualizing Police Discretion." Police Quarterly 18, no. 3 (2015): 244–71. http://dx.doi.org/10.1177/1098611115577144.

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Tierney, John. "Police Discretion: Raising the Age of Consent." Police Journal: Theory, Practice and Principles 60, no. 4 (1987): 283–86. http://dx.doi.org/10.1177/0032258x8706000403.

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Belur, J., N. Tilley, D. Osrin, N. Daruwalla, M. Kumar, and V. Tiwari. "Police investigations: discretion denied yet undeniably exercised." Policing and Society 25, no. 5 (2014): 439–62. http://dx.doi.org/10.1080/10439463.2013.878343.

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Hayes, KatherineM. "The law and politics of police discretion." Journal of Criminal Justice 13, no. 6 (1985): 579–80. http://dx.doi.org/10.1016/0047-2352(85)90090-x.

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Solovey, Yu P. "On the Credibility and Novelty of Some Results in Modern Research on the Development of Scientific Concepts of Administrative Discretion and Police Law." Siberian Law Review 22, no. 1 (2025): 87–111. https://doi.org/10.19073/2658-7602-2025-22-1-87-111.

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The issues of administrative discretion and the formation of contemporary Russian police law are far from new to the field of administrative law science. Nevertheless, they remain highly relevant today, as their thorough exploration supports the alignment of Russian state-legal institutions and practices with the standards of a lawful, democratic state. An analysis of publications on administrative discretion and police law, including those addressing the evolution of related scientific concepts, unfortunately reveals that many of these works contain judgments, assessments, and conclusions tha

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Suparman, Rossi. "PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM." Jurnal Hukum Mimbar Justitia 6, no. 1 (2020): 1. http://dx.doi.org/10.35194/jhmj.v6i1.786.

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Abstract (sommario):

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) Th

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Kim Tae-Jin. "The Control of Police Discretion with Autonomous Standardization of Police Action." Police Science Journal 5, no. 2 (2010): 349–78. http://dx.doi.org/10.16961/polips.2010.5.2.349.

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Goldsmith, Andrew. "Taking police culture seriously: Police discretion and the limits of law†." Policing and Society 1, no. 2 (1990): 91–114. http://dx.doi.org/10.1080/10439463.1990.9964608.

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47

Tshehla, B. "Police officers’ discretion and its (in)adequacy as a safety valve against unnecessary arrest." Journal for Juridical Science 46, no. 2 (2021): 79–100. http://dx.doi.org/10.18820/24150517/jjs46.i2.4.

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Abstract (sommario):

The Supreme Court of Appeal has ended the recent uncertainty on whether there is a need for the fifth jurisdictional fact in the process of arrest. The result is that South African law is back at the well-known four jurisdictional facts that must be present before a lawful warrantless arrest may take place. This article assesses whether, after the demise of the fifth jurisdictional fact, police discretion can adequately protect the right to liberty. The discussion starts with a contextual background outlining the role of the jurisdictional facts and the emergence and demise of the fifth jurisd

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Wisadnya, I. Wayan. "Wewenang Pelaksanaan Diskresi Kepolisian Dalam Upaya Penegakan Hukum (Tinjauan Dari Perspektif Yuridis Normatif)." Jurnal Ilmiah Raad Kertha 3, no. 2 (2020): 52–70. http://dx.doi.org/10.47532/jirk.v3i2.219.

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Abstract (sommario):

Problems regarding Law infoscment (law enforcement), especially in the police discretion, this is not just an option for the police, but is an important and inevitable part of carrying out law enforcement tasks, with the aim of reducing the crime rate, in order to create a safe situation. and orderly in the midst of society and conducive conditions. In the book Black Law Dictionary comes from the Dutch Discretionary language which means Wisdom in terms of deciding an action not based on the provisions of regulations, laws or applicable law, but on the basis of wisdom, consideration or justice.

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Mardiyati, Siti, and Wicaksono Putra Hariyadi. "DASAR PERTIMBANGAN PENYIDIK DALAM MENERAPKAN DISKRESI KEPOLISIAN TERHADAP TINDAK PIDANA LALU LINTAS." Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda 29, no. 4 (2023): 139–52. http://dx.doi.org/10.46839/disiplin.v29i4.114.

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Abstract (sommario):

Abstract The discretion exercised by the investigator is carried out on the grounds that this action can effectively resolve criminal acts of traffic violations, where the suspect commits a traffic violation because his negligence causes other people to be injured. This action raises complicated problems, where on the one hand this discretionary action is an application of criminal law which is carried out in accordance with its own policy to make the rigidly operating law more effective. The legal consequences arising from the investigator's discretionary actions regarding traffic crime

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Caruso, David R. A. "Public policy and private illegality in the pursuit of evidence." International Journal of Evidence & Proof 21, no. 1-2 (2016): 87–118. http://dx.doi.org/10.1177/1365712716674797.

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Abstract (sommario):

The public policy discretion at common law in Australia was established in the High Court case of Bunning v Cross. The discretion has subsequently been interpreted and applied to permit courts to exclude evidence obtained by improper, unlawful or illegal conduct on the part of ‘the authorities’. The discretion has not been held to be enlivened for exercise in circumstances where the impugned conduct is on the part of private persons unconnected with law enforcement. This article argues that this fetter on the availability of the public policy discretion has been wrongly interpreted from the de

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