The “spirit of the law”, also known as “legislative intent”, is an expression used to describe the way police officers should interpret laws when deciding how to enforce those laws from one situation to the next.

The “spirit of the law”, also known as “legislative intent”, is an expression used to describe the way police officers  should interpret laws when deciding how to enforce those laws from one situation to the next. This is really about the use of discretion while deciding whether to arrest, the charge to be applied, or finding an alternative to enforcement altogether. This is in contrast to the “letter of the law”, which is the the literal interpretation of criminal laws without variances from one situation to the next.

Question: Aside from minor traffic offenses, in what situations to you feel officers should use discretion when they observe someone commit a crime. Give an example. YOU CANNOT USE MINOR TRAFFIC VIOLATIONS AS AN EXAMPLE.

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