Статті в журналах: "Police discretion"

1

Arcuri, Alan F., Mary M. Gunn, and David Lester. "Measuring Police Discretion." Perceptual and Motor Skills 64, no. 3 (June 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 (September 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 (March 30, 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 on common interests or the interests of society at the level of practice is still very abstract to be applied in the implementation of police discretion related to criminal law enforcement policy. Because the benchmark Criteria or public interest in the use of police discretion are still abstract, causing authorities use discretion in some cases criminal process misapplied. Keywords: Discretion, Police

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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 (May 22, 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 justice approaches in certain cases, the settlement in this way is a form of protection to both the perpetrator and the victim in order to reach a peace agreement.

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5

Phillips, Scott W. "Police Discretion and Boredom." Journal of Contemporary Ethnography 45, no. 5 (July 26, 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 (November 8, 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 (December 9, 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 to counter or endorse principles of equality and procedural justice.

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8

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

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9

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 (May 1999): 209–25. http://dx.doi.org/10.1016/s0047-2352(98)00055-5.

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10

Dhami, Mandeep K., Samantha Lundrigan, and Sian Thomas. "Police Discretion in Rape Cases." Journal of Police and Criminal Psychology 35, no. 2 (October 18, 2018): 157–69. http://dx.doi.org/10.1007/s11896-018-9299-4.

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11

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

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12

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 (January 27, 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 aspires to manage PWMI and whether the police policy document provides sufficient detail in advocating the appropriate and just police treatment of PWMI. A content analysis of the policy document revealed a lack of sufficient procedural guidelines in effectively controlling police officer discretion when encountering PWMI in the community. This article argues that without further consolidation to embed appropriate procedural guidelines into the policy document, the procedural policy gaps may have a negative effect on the experiences of PWMI when encountering the police.

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13

Yadi, Mul, Rinto Yulianto, and T. n. Syamsah. "APPLICATION TRAFFIC MANAGEMENT TASK." DE RECHTSSTAAT 1, no. 2 (September 15, 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 problem in research 1) How does the application of police discretion in setting tasks traffic? 2) What positive and negative impacts discretionary actions carried out by the police in traffic control? The purpose of this study are as follows: 1) To determine and analyze on the application of police discretion in setting tasks traffic, and 2) To determine and analyze the impact of the actions undertaken by the police discretion in the regulation of traffic. The research method used in this research is normative juridical approach that is used legis positivist concept which states that the law is identical with the norms made written and enacted by institutions or authorities. In addition this concept also saw law as a normative system that is autonomous, closed and detached from public life. The conclusion from this study is the adoption of police discretion in the task of traffic management needs to recognize the Professional Ethics of Police, as very fundamental and important and substantial influence on both the poor implementation of police discretion in the regulation of traffic. Keywords: Discretion Police, Traffic Management

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14

Lastari, Saptanti, and Sri Kusriyah. "Police Discretion Policy In Handling Middle/Minor Crimes (Tipiring) Based On Justice Value." Law Development Journal 3, no. 3 (August 12, 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 theory of the operation of law. The results of the study conclude that discretion is a police action that must be accounted for based on applicable laws and norms, police discretion is very vulnerable to irregularities and abuse so it needs to be given limits and supervision, so it can be said that it is not fair. Constraints on police discretionary policy in handling minor crimes consist of internal constraints and external constraints on the part of the police. The ideal policy of the Police's discretion in handling minor crimes (Tipiring) is: a) Not against a rule of law. b) In line with legal obligations that require an official action to be taken. c) The action must be appropriate and reasonable and included in the environment of his office, on appropriate considerations based on compelling circumstances, respecting human rights

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15

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 (April 20, 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 to the factor affecting police discretion based on case investigation, lack of interest on the part of the complainant scored high with a WAM of 3.0. While some factors scored low, this research work has concluded that (1) the length of service and rank of police offers can affect the exercise of police discretion. (2) some factors affect the exercise of police discretion as perceived by Sorsogon City police but then assured that their discretion is not clouded or influenced by other stated factors such as partisanship. (3) lack of human resources is still a prevailing factor in the impediment of police work.

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16

Barlow, Charlotte, and Sandra Walklate. "Policing Intimate Partner Violence: The ‘Golden Thread’ of Discretion." Policing: A Journal of Policy and Practice 14, no. 2 (January 19, 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 the policing task. This paper makes the case for a more holistic understanding of discretion (to include senior officers) as a way of promoting improved responses to IPV. This also means directing attention to policies and practices in relation to IPV to include police engagement with broader agency and societal responses to IPV. This is the point at which a holistic ‘golden thread’ of discretion can be found.

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17

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 (April 11, 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 given to police organizations cannot be separated from the universal nature of police law enforcement. This approach empowers the police to explore community values in solving land crimes through restorative justice. Among other things the negotiation of peace between victims and perpetrators of crimes on earth. The application of restorative justice in dealing with crimes on land is carried out through discussions between the complainant and the reported mediated by Indonesian National Police investigators. Afterwards the record of the peace agreement was signed and the report to the police station was cancelled. The application of restorative justice to land crimes aims to restore social cohesion in society. Cohesive values of unity become fragile when legal issues are passed over to pro-justice.

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18

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

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19

Rolandsson, Bertil. "The emergence of connected discretion." Qualitative Research in Organizations and Management: An International Journal 15, no. 3 (November 6, 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 practices. Supporting documents have been analyzed to put interviews into context. Findings The analysis shows how police officers justify their awareness of how to manage two social media potentials providing communicative efficiency and networking opportunities, by applying two justificatory modalities of momentary reconciliation. Contributing to previous research, findings show how these modalities accommodate tensions between different value logics urging officers to engage in situated problem solving or moderation of the intensity in different connections. By drawing on discretionary awareness about enduring value tensions, police officers maintain legitimate claims on social media discretion. The study also complements previous research depicting digital communication and discretion as mutually exclusive. Findings suggest that web-based digitalization like social media raises new demands of awareness of a connected discretion. Originality/value Previous research rarely analyses officers’ awareness of how to manage idiosyncratic social media challenges. By introducing the concept discretionary awareness, this study illuminates how arrangements of institutionalized value logics guide police officers in applying “good judgment” in day-to-day use of social media.

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20

Jasch, Michael. "Police and Prosecutions: Vanishing Differences between Practices in England and Germany." German Law Journal 5, no. 10 (October 1, 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 between the practice of these principles seem to have vanished: Whereas some German federal states have started to involve police in prosecution decisions, policy makers in England try to restrain the traditionally wide discretion of police in dealing with cases of minor crimes. Interesting lessons that might be useful for future harmonization of European criminal justice systems can be drawn from the experiences in both countries.

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21

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 (March 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 officers, as well as those at the location of the action. So that in this situation police discretion can be issued to prevent and deal with various threats that occur. This study uses an empirical juridical method, namely direct research conducted by studying the applicable legal rules with real events that occur in society. The results of this study explain related considerations, procedures, to obstacles and efforts made in the application of discretion by members of the police in overcoming anarchic demonstrations

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22

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 (September 3, 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 discretionary action. The problem is, unprogrammed decisions often appear and open the door wide for discretionary making. That the mechanism for applying police discretion to traffic crimes committed by children at the Police investigation level is that the traffic police visited the scene of the case and then sketched the scene of the case, helped victims, recorded witnesses, secured evidence of accidents such as vehicles, driver's licenses, and STNK, for a further investigation process, After that an investigation is carried out by the police to make a case analysis and discretion is carried out if the accident that occurs is minor and the perpetrator is a child who causes a minor accident and a single accident that can be resolved with material compensation, then an agreement is made between the two parties for solving traffic accident cases.

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23

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 (June 30, 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 fairness and discretion had a statistically significant positive effect, strengthening the relationship between organizational fairness, discretion, and job satisfaction. On the other hand, it was found that the moderating effect of the operation of the police public officials' council on gender sensitivity had a statistically significant negative effect, weakening the relationship between gender sensitivity and job satisfaction. The results of this study show the importance of strengthening organizational fairness and discretion, and the necessity of managing gender sensitivity. In addition, the operation of the police public officials' council showed the possibility of improving the treatment of police officials, but it showed that efforts in certain areas were needed, suggesting that there is a need for improvement.

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24

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

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25

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 (April 25, 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 characterized by reforms from within the police body itself, namely through structural aspects, instrumental aspects and cultural aspects. The existing laws and regulations in the regulation of the performance of the State Police of the Republic of Indonesia, especially in the discussion of discretion, are adequate and there is no overlap between one law and another. It takes understanding of the police in interpreting and applying the provisions of existing rules so as not to become a negative assessment in the community due to improper abuse of police authority in the implementation of discretionary resolving cases. That it required oversight both internally and externally of police performance both personally and in groups. It can also be by improving the quality of police resources by means of formal education or training so as to build a responsible attitude to maintain the image of the police in the community and in accordance with the assessment of the Code of Ethics of the State Police of the Republic of Indonesia.

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26

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

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27

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 (March 23, 2015): 244–71. http://dx.doi.org/10.1177/1098611115577144.

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29

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

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30

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 (January 21, 2014): 439–62. http://dx.doi.org/10.1080/10439463.2013.878343.

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31

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

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32

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 (July 31, 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 of this study concluded that: 1) In practice, Article 18 of Law Number 2 of 2002 concerning the Indonesian National Police which is the basis for police discretionary actions has not been used as a legal umbrella, although in practice many investigators have done so. 2) From the aspect of legal substance, in practice, discretion is applied to the field of traffic or other matters that have not touched the task of investigating and investigating criminal acts. From the structural aspect, it can be seen in the administrative practice of internal police investigations that have not accommodated, stopping criminal investigations on the legal basis of police discretion. Meanwhile, from the cultural aspect, the Police leadership has paid attention to the rise of traffic accidents with the category of minor and moderate accidents where the perpetrator and the reporter have peace and forgiveness and compensation is available to stop, but it has not become a legal product that can be used as a legal umbrella. national. Keywords: Justice, Discretion, Termination, Investigation

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33

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

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34

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

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35

Suparman, Rossi. "PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM." Jurnal Hukum Mimbar Justitia 6, no. 1 (June 30, 2020): 1. http://dx.doi.org/10.35194/jhmj.v6i1.786.

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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) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.

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36

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 (December 13, 2023): 139–52. http://dx.doi.org/10.46839/disiplin.v29i4.114.

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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 crimes are that each party can know their position. The perpetrator who crashed will provide compensation to the victim, both material and medical costs. increasing investigators' understanding of discretion because discretion that is not based on statutory regulations is discretion that is against the law. The exercise of discretion is truly in line with expectations, both the perpetrators of the discretion and the targets of the discretion must work in synergy with each other in order to encourage the use of discretion correctly, well and responsibly so that it has an impact on the realization of good governance. Keywords: Discretion, Police, Traffic

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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 (December 29, 2016): 87–118. http://dx.doi.org/10.1177/1365712716674797.

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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 decision in Bunning and that, to the extent that the fetter now forms part of the common law discretion, it should be abandoned. The argument is made on the basis of the language, context, development and rationale of the public policy discretion as conceived in Bunning. The statutory Uniform Evidence Law, which applies in certain Australian jurisdictions, enacts a public policy discretion in s. 138 drawn from the common law public policy discretion. The Uniform Evidence Law is examined to indicate the absence of any fetter to the s. 138 discretion applying only to conduct by authorities as a basis for revising the understanding of the common law discretion. The comparable powers to exclude unlawfully obtained evidence in the United States and United Kingdom are examined to distinguish the rationale of the Australian discretion as requiring a broader scope of application. The internet is considered as a modern advent permitting previously unknown capacity for private persons to unlawfully police each other. Private criminal investigation through the internet is argued to be a further basis to mark the need for the extension of the Australian public policy discretion to all persons not only the authorities. The overarching thesis of this article is to demonstrate why the Australian common law public policy discretion should be enlivened by improper, unlawful or illegal conduct, regardless of the source of that conduct.

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38

Tshehla, B. "Police officers’ discretion and its (in)adequacy as a safety valve against unnecessary arrest." Journal for Juridical Science 46, no. 2 (December 9, 2021): 79–100. http://dx.doi.org/10.18820/24150517/jjs46.i2.4.

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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 jurisdictional fact. This is followed by an outline of the legislative framework applicable to arrest, pointing out that the law bestows wide discretion on police officers in the exercise of their duties, including securing the court attendance of accused persons. Relying on relevant decided cases, it is submitted that the courts focus on the police discretion exercised at the point of arrest, not in the process preceding that stage (for example, the choice of method). The central submission is that, given that the only viable pre-court appearance protective mechanism against unnecessary arrests is the proper exercise of police discretion, focus on the exercise of discretion at the point of arrest is not the most prudent and/or effective approach in the quest to protect the right to liberty.

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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 (August 31, 2020): 52–70. http://dx.doi.org/10.47532/jirk.v3i2.219.

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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. The authority of the National Police in exercising police discretion in law enforcement efforts is carried out by acting in the public interest based on self-assessment and only in very necessary circumstances, with due observance of laws and regulations, such as Law No.2 of 2002 concerning the Indonesian National Police, the Book of Law In addition, the Criminal Procedure Code (KUHAP) and Perkap No.1 / 2009 must also uphold human rights and the Police Professional Code of Ethics. Therefore, problems in the field can be identified, namely: what is the authority of the Police in implementing discretion? and what is the law enforcement effort?, then this study uses the Normative juridical approach, namely an approach based on statutory regulations, as well as legal materials that apply as positive law in Indonesia. So the conclusion is that the authority of the police in implementing police discretion in the effort to enforce the law is carried out by acting alone in the public interest based on self-assessment and only in very urgent situations by taking into account statutory regulations, such as the Police Law, KUHAP and Perkap (Praturan Kapolri No.1 2009), and Upholding Human Rights and the Professional Code of Ethics for the Indonesian National Police.

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Ricky, Muhammad, Surya Nita, and Yopik Gani. "DISKRESI KEPOLISIAN PADA PENGAWALAN KONVOI KOMUNITAS DALAM MASA PANDEMI DI WILAYAH HUKUM POLDA METRO JAYA." SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL 11, no. 1 (April 4, 2022): 68–80. http://dx.doi.org/10.36526/sosioedukasi.v11i1.1884.

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The Covid-19 pandemic has affected the way of policing due to social restrictions, but then gathering and expressing opinions in public cannot be prevented, because this is a part of human right. Crowd control during the pandemic, one of which was escorting community convoys, then became a challenging task for the police. This paper aims to analyze the application of police discretion in escorting community convoys during the Covid-19 pandemic. Qualitative methods were used in the development of this research, by conducting literature studies and interviews in collecting data. The analysis in this study is based on discretionary theory and procedural justice theory. The results of the analysis show that currently policing is shifting to adjust to pandemic conditions, one of the important elements is the expansion of the police's discretionary authority in handling pandemics in the field related to law enforcement, especially regarding social restriction policies. This discretion then needs to be applied in public order management and crowd control. The way that the police can do in crowd control is to develop intense communication with the community to create dialogue-based solutions that the community will voluntarily comply with. The implementation of escorting community convoys in the jurisdiction of Polda Metro Jaya shows that the police who carry out escorts are still unable to apply discretion properly, causing discriminatory discretion and non-function discretionary deviations. This then causes public doubts about the ability of the police to exercise discretion in order to achieve justice

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Gundhus, Helene O. I. "Shaping Migrants as Threats: Multilayered Discretion, Criminalization, and Risk Assessment Tools." International Journal for Crime, Justice and Social Democracy 10, no. 3 (September 1, 2021): 56–71. http://dx.doi.org/10.5204/ijcjsd.2041.

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This article examines Operation Migrant, initiated by the Norwegian police following the so-called migration crises in Europe in 2015. One of its central aims was, by predicting challenges related to increased migration, to improve resource allocation and prevent crime. By drawing on research on risk and threat assessment as a form of power, this article aims to analyze how risk categories are distributed and translated into a multilayered institutional arrangement where migration is policed as a potential crime. The article examines the indicators that the risk assessments are based on and the measures applied and investigates how discretionary practices make immigrants objects for law enforcement and policing. The article contributes to research on migration control in an ordinary police context, where immigration identity checks become part of the crime reduction strategy. Applying the concept of interpretive flexibility (Collins 1981), I will identify the steps in this chain of translation to explore the leap from targeting potentially criminal asylum seekers to targeting broader groups with temporary residency in Norway. The article analyzes the conditions determining how policing, technologies, and migrants are “co-constructed” in a chain of mediation and translation, which reinforces the view of migrants as risky and criminal. The final section discusses how risk and threat analysis is affected by the notion of the “crimmigrant other” (Franko 2020). In Norway, selectively targeting unwanted migrants as criminals has become dominant in police decision-making at a policy level and everyday practices affecting not only third country nationals but also unwanted eastern Europeans.

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Apriani, Desi, and Heni Susanti. "DISKRESI KEPOLISIAN DALAM PENYELESAIAN PERKARA PIDANA BERBASIS KEARIFAN LOKAL." Jurnal Ilmu Hukum 7, no. 2 (August 5, 2018): 119. http://dx.doi.org/10.30652/jih.v7i2.5509.

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The purpose of writing this article is to explain the discretion of the police in the settlement of criminal cases based on local wisdom. This study uses an empirical method, by conducting interviews. Law enforcement in post-colonial Indonesia becomes formal and rigid and bureaucratic. Justice is as if it can only be obtained in an institution called court, so that in many cases the judicial process continues even though the parties have personally made peace. Police discretion as permitted by Police law is the most ideal step or way to change the rigidity of law enforcement. Certainly the discretion referred to here must be accountable on the basis of common interests, humanity and justice. This needs to be done in order to move the law into an Indonesian context based on local wisdom.

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Park, Han Ho. "Awareness of New Security Technology: An Analysis of Police Officials' Attitudes toward Predicted Security System." Korean Society of Private Security 21, no. 4 (October 31, 2022): 77–97. http://dx.doi.org/10.56603/jksps.2022.21.4.77.

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Today, new policing technologies are an alternative to crime prevention as well as rapid suppression of crime. In addition, in terms of operation, the police are actively using new security technologies to present an efficient strategy. In particular, with the advent of the 4th Industrial Revolution, expectations for predictive security among new security technologies have increased. However, the outputs of the forecast plan are related to discretion and it is a very important question to follow the results given this discretion. This is because the output of the predictive security limits subjective discretion in police execution behavior, which contributes to standardization of execution behavior. Therefore, research on the operator and the executor (police officer) who executes the product needs to be preceded by a study on the efficiency of the new security technology system. Therefore, this study directly collected the prerequisites for the new security technology through a questionnaire. In addition, the purpose of the study was to investigate the perception of police officers, who are operators and enforcers who use security technology. Through this, I would like to clarify what are the prerequisites for the operational orientation of the police organization necessary to utilize the results of the new security technology. This study surveyed 140 police officers. As for the specific research contents, a regression analysis was conducted on whether the orientation of the criminal justice system, system stability, and the possibility of standardizing discretion affect attitudes. As a result of the study, influencing the attitude of police officers toward predictive security had a significant effect on the attitude of police officers than on other directions.

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Hickman, Matthew J., Alex R. Piquero, and Jack R. Greene. "Discretion and gender disproportionality in police disciplinary systems." Policing: An International Journal of Police Strategies & Management 23, no. 1 (March 2000): 105–16. http://dx.doi.org/10.1108/13639510010314643.

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Cihan, Abdullah, and William Wells. "Citizens' opinions about police discretion in criminal investigations." Policing: An International Journal of Police Strategies & Management 34, no. 2 (May 31, 2011): 347–62. http://dx.doi.org/10.1108/13639511111131120.

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Shim, Hee S., Youngoh Jo, and Larry T. Hoover. "Police record-discretion as misconduct in South Korea." International Journal of Law, Crime and Justice 43, no. 4 (December 2015): 569–85. http://dx.doi.org/10.1016/j.ijlcj.2015.01.004.

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Stradling, S. G., A. P. Tuohy, and K. J. Harper. "Judgmental asymmetry in the exercise of police discretion." Applied Cognitive Psychology 4, no. 5 (September 1990): 409–21. http://dx.doi.org/10.1002/acp.2350040506.

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Slothower, M. "Strengthening Police Professionalism with Decision Support: Bounded Discretion in Out-of-Court Disposals." Policing 8, no. 4 (December 1, 2014): 353–67. http://dx.doi.org/10.1093/police/pau051.

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Gundhus, Helene O. I. "Discretion as an Obstacle: Police Culture, Change, and Governance in a Norwegian Context." Policing: A Journal of Policy and Practice 11, no. 3 (March 14, 2017): 258–72. http://dx.doi.org/10.1093/police/pax012.

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Latif, Udin. "DISKRESI PENYIDIK KEPOLISIAN DALAM PENYELESAIAN PERKARA PIDANA MELAUI JALUR NON LITIGASI." Muadalah : Jurnal Hukum 3, no. 1 (May 30, 2023): 14–27. http://dx.doi.org/10.47945/muadalah.v3i1.967.

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Law enforcers in the Criminal Justice System are tasked with enforcing the law and aiming to tackle, prevent or foster and reduce the occurrence of crimes or violations of criminal law, as well as making people's lives safe, peaceful, controlled and synergistic. Each component in the Criminal Justice system has the authority to screen cases starting at the investigative level in the form of police action which in practice is called investigator discretion. Police investigators use their discretionary authority to make efforts to settle cases outside the criminal justice system. The process of terminating an investigation carried out by an investigator is a form of police discretion, namely an authority exercised by the police based on their judgments and beliefs by prioritizing moral considerations rather than legal considerations.

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