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pros and cons of police discretion
police use of discretion
police use of discretion
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Thesis Statement: police discretion is the framework for promoting justice in police-citizen interactions in the traffic sector.
Police officers face a myriad of challenges in their line of duty. Most cases necessitate sound decisions to settle disputes amicably. When they apply discretion in an incoherent manner, they may end up abusing human rights. Therefore, they apply it when dealing with legal sanctions such as making arrests, giving out a ticket and stopping the offending party. Miller, Blackler and Alexandra (2006) state "police are specialized role players who preserve order and enforce the law" (p. 11). Sometimes, vagueness results when communities fail to engage in a consensus to streamline the issues that constitute criminal
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The privacy creates a circumstance that allows police officers’ discretion in the way they react and handle citizens that breach the law. The research community tries to investigate the issues that concern the police officers' conduct while responding to citizen's woes and their interaction with them. The gap that exists in the criminal justice is due to the poor attention that the police departments receive from the public and other bodies. This is especially due to suspicion over their activities once they stop a …show more content…
Cases of police officers using excessive force and violating human rights are quite common in cases where the problem goes beyond the constitutional provisions. The practice helps the entire police department to support community goals due to the environment's needs that require rapid response. When they enforce discretion properly, they respond to margin situations in the best way possible. “However, if they fail to control it, they may infringe the constitutional provisions. Dempsey and Forst (2013) state "one of the ways of controlling discretion, particularly the improper application of discretion is through the establishment of employee early warning systems" (49). Proper discretion is a sure way of restoring sanity in the traffic system owing to its accrued
In looking at the Kansas City Patrol Experiment, it appears that adding more police officers has little or no affect on arrests or the crime rate. Please review the study and explain why more police does not mean less crime. Due Date March 11, 2005
While on the job, police must put all their personal opinions aside. They must provide everyone with an equal and fair chance. It is important in a democratic society for police to not know too much about the community they are policing. It allows them to ...
In my opinion police are officers are not allowed too much discretion. Just as citizens can decide to obey the laws or not, police agencies and their officers can decide which offenses to actively seek to control and which offenses to simply ignore, which services to provide and what level. The ability to use discretion is, indeed, a vital element of contemporary American policing. The police have so many duties to perform and such limited resources that good judgment must be exercised in when, where, and how they enforce the law. The less serious a crime is to the public, the less pressure is placed on the police for enforcement. Police discretion is frequently at the center of issues involving discrimination, racial profiling, use of force and pursuit. (Page 397-399)
Society impacts ethical behavior of law enforcement by holding them to a higher standard of expectation. Police officers act as protectors and liaisons in highly stressful situations with the power to make decisions over society. Holding this position requires trust and the ability to lead by example. Police officers may have to be able to recognize the ethical dilemmas, decide the
Police officers have a significant level of discretion when ethical decision making is incorporated in deciding how to respond to a domestic violence call. For example, officers exercise discretion by deciding how to respond to domestic violence when a situation involves a fellow officer. America is a country in which many believe in privacy within the household and often choose not to be involved in a domestic dispute because families should resolve their own problems. However, discretionary powers abused by an officer are used to dissuade the victim from filing charges against the officer’s colleague. Officers often do not choose to arrest in a domestic dispute because they believe the family, not the justice system, should resolve the problem. If the police officer abuses his discretionary power by persuading the victim to not file charges, then he is going against community policing. This is because, he is not serving the interests of the community, but rather the code of silence within a police department. This discretion is exercised even more when the domestic violence situation involves an off duty police officer. When police officers commit domestic violence against their spouse it is usually explained by the fact that police officers deal with difficult citizens on a daily basis on the streets and as a result of the high levels of stress on the job bring their frustrations home and spouse becomes the scapegoat for his feelings (Wetendorf, 1998:3).
Skogan, W., Meares, T. (2004) ‘Lawful Policing’ The Annals of the American Academy of Political and Social Science 66 (18)
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can lead to the denial of citizen rights. Strategies that control the use of discretion are, therefore, very important. The benefits and problems of police discretion and controlling strategies are the focus of this essay.
The degree of force that officers use is heavily influenced by police discretion in real-world situations rather than espoused by a certain agenda. Discretion can be classified into four different categories where administrators, the community, and the individual police officer exercise differing degrees of influence in decision-making. What is needed to help officer discretion is a central ethos that will guide discretion when all other rules fail to help.
Discretion of a police officer is the subject I would like to tackle. In this paper I will discuss the issues I have with the discretion, the problems with these discretions I have, and how some officers may use discretion to their advantage. By the conclusion of the paper the reader will be educated on the subject of discretion and the issues facing it.
Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).
Walker, S., & Katz, C. (2012). Police in America: An Introduction (8th Edition ed.). New York:
Police discretionary practices vary from officer to officer and every officer is differently trained by departments. Without the proper use of discretion out on the field, police officers are left open for legal suit actions however, if the officers are trained and exercising the use of discretion in a good manner, each individual officer can be held accountable. The second disadvantage of use of police discretion is that it allows the police officers to have too much power on making decisions which can affect the life, safety or liberty of an individual (Bargen, 2005). Police discretion presents a clear danger to society because the average officer can make a poor decision and affect the life of a person or persons. If discretion in law enforcement is used in a wrongful manner, it has great potential for being abused out of the field. Discretion allows police officers to “perform a duty or refrain from taking action” (Gaines & Kappeler, 2003, p. 251). Police officers are supposed to enforce equality under the law, people in society all should have equal rights and should be treated the same. However, discretion allows police officers to misuse it by treating offenders of different genders, race, class, ethnicity, religion, age and more inappropriately (Pepinsky, 1984). Law enforcement officers are
In this essay, I will examine the ethical issues surrounding police corruption and discretion in the criminal justice system. I will also define legality and equity and how they relate to police corruption and discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years. Police corruption weakens the public 's confidence in law enforcement officers. It also hinders the effectiveness of law enforcement officers whose job is to serve and protect. I will also define police corruption and discretion and the reasons behind police misconduct.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).
Rich, Martin. “An Analytical Look into Police Ethics.” FBI Law Enforcement Bulletin. Vol.80. Issue 5. May 2011. 11-17. EBSCOhost. Web. 12 Nov 2013