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The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law.
Vehicle pursuits are another use of police power that can involve much discretion on part of the officer. However, if a pursuit is conducted negligently, resulting in death or injury, the law enforcement agency can be held liable under civil law in the United States. Vehicle pursuits have increasingly been covered under written law enforcement ...
This will impact significantly on the legal structures, if any, that govern how an LEA can operate, and on how the LEA's use of powers is overviewed. Law enforcement agency powers are part of a broad range of techniques used for law enforcement, many of which require no specific legislative support or independent overview.
[1] [2] Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power. Administrative law can help these agencies get on the path of following regulations, serve the public, and in turn, a reflection of the public's values and ...
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings , such as whether evidence is excluded at a trial , may be exercised by a judge . The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed.
By way of description, Cole and Smith note that police are usually called-on to "handle" these situations with discretion, rather than deal with them as strict violations of law, though of course their authority to deal with these situations is based in violations of law. Law enforcement These powers are typically used only in cases where the ...
The Policing Protocol Order 2011 sets out the roles and responsibilities of different bodies. [5] For the home secretary, it states: The Home Secretary is ultimately accountable to Parliament and charged with ensuring the maintenance of the Queen's Peace within all force areas, safeguarding the public and protecting our national borders and security.