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Police discretion and use of force
Police discretion and use of force
Discuss the importance of police discretion in use of force policies
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In general, experience is very valuable and can aid in making decisions or judgment calls. This is especially true for law enforcement given the nature of their line of work. Police often need to make decisions based on little, specific information. In the same way experience can negatively affect an officer’s decision-making process. Likewise, experience can breed bias. Human’s all carry cultural baggage that may directly affect our actions and decisions. This by no means is an attempt to justify all the choices that an officer may make, but it may explain an inherent reason behind the decision. However, it is also important to remember that police have a variety of powers, such as authority, force and discretion. Each of these powers has a significant importance and at the same time creates a venue for abuse of those powers.
The definition of racial profiling clearly shows how it is discriminatory. Racial profiling is described as “any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual that has been identified as being, or having been, engaged in criminal activity” (Ramirez, D., McDevitt, J., & Farrell, A., 2000). In general, officers will use profiles created based on race, as reasonable suspicion against an individual. Is race a better way to consider someone a suspect or is behavior that is exhibited a better option? It is not wrong to create suspect profiles. For instance, typologies are a way to construct criminal profiles, based on patterns of behavior and activity. Criminologists develop typologies from criteria “that are important in distinguishing one criminal from anoth...
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...dition. Boston, MA: Pearson Education, Inc.
Kelly, C.T., Unit 2: Lecture, University of Everest Online, 25 July 2010.
Meadows, R. J. (2010). Understanding Violence and Victimization, 5th edition. Upper Saddle River, NJ.: Pearson Education, Inc.
Pollock, J. M. (2010). Ethical Dilemmas and Decisions in Criminal Justice Sixth Edition. Belmont, CA: Wadsworth Cengage Learning.
Ramirez, D., McDevitt, J., & Farrell, A. (2000). A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned. Retrieved August 04, 2010, from http://www.ncjrs.gov/pdffiles1/bja/184768.pdf
Thompson, W. E. and Bynum J. E. (2010). Juvenile Delinquency: A sociological Approach Eighth Edition. Boston, MA: Pearson Education, Inc.
Hickey, T.J., Taking Sides: Clashing Views in Crime and Criminology, 9th Edition, New York: McGraw-Hill Companies, Inc., 2010
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.
Some consider racial profiling a viable tool to reduce crime. The New Century Foundation, a non-profit organization based in the Washington, D.C. suburb of Oakton, VA, published a report on the American Renaissance website, stating that African-Americans commit 90% of the approximately 1,700,000 interracial crimes of violence that occurs every year in the United States. They are more than fifty times more likely to commit violent crimes against whites than vice versa. According to this same report, African-Americans are much more likely to commit violent crimes than whites and wh...
The prospect of a racially discriminatory process violates the ideals of equal treatment under the law under which the system is premised (Kansal, 2005). Law enforcement, as the frontline of the criminal justice system, has a great deal to do with who ends up being incarcerated. Law enforcement personnel are the initiating beings who start the path to incarceration for individuals they come in contact with. Their decision in terms of making a stop, making a report, making an arrest and so on determines if and how that individual will enter the criminal justice system. One discriminating practice used by police officers is racial profiling.
Racial profiling is a wide spread term in the American justice system today, but what does it really mean? Is racial profiling just a term cooked up by criminals looking for a way to get out of trouble and have a scapegoat for their crimes? Is it really occurring in our justice system, and if so is it done intentionally? Most importantly, if racial profiling exists what steps do we take to correct it? The answer to these questions are almost impossible to find, racial profiling is one of many things within our justice system that can be disputed from any angle and has no clear cut answers. All that can be done is to study it from different views and sources and come up with one’s own conclusion on the issue.
Holbert, S., & Rose, L. (2006). It is difficult to establish whether racial profiling is occurring, In D. E. Nelson, Racial Profiling. Farmington Hills: Greenhaven Press.
U.S. Department of Justice. "A Resource Guide on Racial Profiling Data Collection Systems." December 2000. U.S. Department of Justice. Web. 18 June 2015.
Although some would believe that racial profiling does not occur and if it does it is used to keep the society safe, it is more correct to say that it disrespects and mistreats innocent citizens. More and more people are being stopped each year for crimes they did not commit and being singled out because of their race. Being racially profiled, harassed and mistreated is something that Latinos, Asians and African Americans go through every day. I believe that people should not be stopped and judged because of physical appearance. This is something that takes away ones individual’s rights and is very disrespectful.
Tomaskovic-devey, Donald, and Patricia Warren. "Explaining and Eliminating Racial Profiling." Contexts Vol. 8, No. 2. Spring 2009: 34.
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Pollock, J. M. (2012). Crime & justice in America: An introduction to criminal justice (2nd ed.). Waltham, MA, USA: Anderson Publishing (Elsevier).
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
Shelden, R.G., Brown, W.B., Miller, K.S., & Fritzler, R.B. (2008). Crime and criminal justice in american society. Long Grove, Illinosis: Waveland Press, INC.
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).
Juvenile delinquency is one of the major social issues in the United States today. Juvenile delinquency, also known as juvenile offending, is when “a violation of the law committed by a juvenile and not punishable by death or life imprisonment” (Merriam-webster.com). Although we have one justice system in America, the juvenile system differs from the adult juvenile system. Most juvenile delinquents range from as low as the age of seven to the age of seventeen. Once the delinquent or anyone turns the age of eighteen, they are considered an adult. Therefore, they are tried as an adult, in the justice system. There are many different reasons why a child would commit crime, such as mental and physical factors, home conditions, neighborhood environment and school conditions. In addition, there are a variety of effects that juvenile justice systems can either bad effects or good effects. Finally there are many different solutions that can reduce juvenile delinquency. As a result, juvenile delinquency is a major issue and the likeliness of it can be reduced. In order to reduce juvenile delinquency there has to be an understanding of the causes and the effects.