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Reasons for police discretion
Reasons for police discretion
Ethical violations within law enforcement
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Police Discretion Police Discretion is one of the many tools officers have at hand when making decisions in enforcing the law. Officers have the option to use discretion where they see fit. Police officers have a duty to try and enforce the law to the full extent, but they are able to use discretion in alternative ways of enforcing laws. Police officers have to be flexible in the decision making process. Some cases require a personal and a police decision to come to an acceptable resolution. Many of the outcomes of officer’s discretion can be determine by several factors, included among these are the subjects attitude, the crime the individual is accused of and the individual’s prior criminal history. In some cases; race, or a person’s …show more content…
Recently, these abuses seem to have been more publicized in the media and more scrutiny in many cases in resent years. Police discretion concerning how to act in a given situation can often be misused by individuals and lead to ethical misconduct. In other cases, insufficient direct supervision can lead to misconduct. Some police officers seem to be more concerned with establishing respect rather than forming bonds with the community that will foster an environment of cooperation. Officer have been accused of misconduct in this area and show little discretion. Many police departments have developed policy and procedures in order to deter this type of conduct. Departments must find a common ground between standards and discretion. Many agencies have developed policies that give police common situations for officers to exercise discretion. Most police officers depend on their own personal ethics to avoid corruption and abuse of power. It is believed that abuse of power is the nature of policing and the police culture. Officers view policing as being the peacemakers, often times policemen don’t really connect with the communities they have the duty to patrol, except to handle calls. Many officers believe that a relationship between the police and the community that they serve is paramount. But many have a hard time with connecting because the officers only seen patrolling the area and not intermingling with the community. Police discretionary powers can be used in ways that show good intentions or bad towards the community. Officer misconduct is readily observed and captured through cell phones, social media, police officer body cameras, and the transparency policies of most
I think police discretion is very common. Police officers exercise the choice of whether to question someone, arrest a suspect as well as several other duties and each of these decisions are made without the presence of supervision so perhaps this is the reason it exists. Discretion may be decreased but I don’t think it can be eliminated, even with supervision police officers together hold the authority to make discretionary decisions even if the public disagrees with their tactics. I don’t necessarily think police discretion should not be eliminated because, majority of the decisions that are made by them are made in the best interest of the public or victim.
These outcomes are determined by the community and states. At times the community supports the police officers and at times they do not which that also depends on the state and the budgeting. The police discretion can also be limited depending on economic hardship, social services agencies for youth. Another important part that plays an important role in discretion would be changes in political climate and public
Within our police system in America, there are gaps and loopholes that give leeway to police officials who either abuse the authority given to them or do not represent the ethical standards that they are expected to live up to by society. Because of the nature of police work, there is a potential for deterioration of these ethical and moral standards through deviance, misconduct, corruption, and favoritism. Although these standards are set in place, many police officers are not held accountable for their actions and can easily get by with the mistreatment of others because of their career title. While not every police abuses his or her power, the increasingly large percentage that do present a problem that must be recognized by the public as well as those in charge of police departments throughout our country. Police officials are abusing their power and authority through three types of misconduct known as malfeasance, misfeasance, and nonfeasance and these types are being overlooked by management personnel who rarely intervene even though they know what is happening. Misconduct is wrong because it violates rights and causes people to be wrongly accused of crimes or be found not guilty and set free when they are still an endangerment to other people. The public needs to be educated on what is happening in the police system in hopes that someone will speak out to protect citizens from being violated by police officers.
In law enforcement, discretion is left up to each police officer to make responsible and reasonable decisions on situations while in the field. A police officer will have no choice but to use discretion in certain situations and make decisions on what type of force or punishment is necessary for the situations. Many people in the society always believe that police officers can make any decision they wish to at any time while working. This is very wrong because there are situations whereby a police officer or even the chief of police has no other choice, but to follow the law in making decisions. The role of the police administrator is double challenging because, he/she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members ...
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.
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 paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use of discretion in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion as well as a brief conclusion.
Laws and procedures are the most common basis for officers choosing not to allow offenders to remain free based on their discretion, a study by Mendias and Kehoe (2006) has found. The study found that laws or responsibilities were the main reason for a decision to suspend discretion in eighty-two percent of cases involving an arrest. The study also found that keeping the peace and procedural implications were the primary justifications for ex...
Police corruption and misconduct come apparent in many different forms. A basic definition for police corruption is, when an officer gets involved in offenses where the officer uses his or her position, by act or omission, to obtain improper financial benefit. The main reason for such corruption is typically for personal gain, such as bribery. Police abuse of authority occurs in three different general areas such as physical abuse, psychological abuse, and legal abuse. Physical abuse is such abuse where one uses excessive force or physical harassment. The psychological abuse occurs through disrespect, harassment, ridicule, excessive stops, or intimidation. Finally, legal abuse is abuse that occurs during unlawful search and seizure or manufacturing evidence (Pollock, 2012). One source describes police corruption in eight different ways. They include: corruption of authority, kickbacks, opportunistic theft, shakedowns, protection of illegal acts, the fix, direct criminal acts, and internal payoffs (Roebuck & Barker, 1974).
An example of this is the assault of graffiti artists (find example). The crime in question is a minor misdemeanour charge that could have easily ended with a warning. However, the police become violent and escalated the situation to a point where the young boys were arrested for assaulting an officer. When it comes to power abuse, usually the officers with the least amount of power manipulate their kevel of authority in the community the most. This adds to the mistrust and lack of faith in the police by members of the community.
There are several ethical issues that surround police corruption and discretion. Police corruption is defined as police misconduct. This occurs when police officers break their social contract by abusing their authority for personal advantages, department advances, or both. According to social contract theory, police officers are obligated to follow the code of ethics and moral standards of the criminal justice system. Police discretion is defined as the power to make decisions as to whether or not to follow police procedure and protocol, or give someone a
The thing that officers focus on when they make a decision is their individual backgrounds. It's been widely accepted and became a universal practice that allows officers to make their own decisions based on their experience working in the field. There are many advantages and disadvantages of the usage of police discretion. Soma advantages of police discretion is that it gives the police the ability to use force in cases a offender of a crime to be violent. The most important rule of a police officer is to protect the citizens.
The officer’s beliefs can cause them to deny due process to the people they suspect are drug dealers, prostitutes, and pimps by deliberately harassing them, chasing the individuals out of the neighborhood rather than arresting them. Biases can cause officers to misuse discretion by discriminating against racial or ethnic minorities by racial profiling in actions like traffic stops and stop and frisks. Each officers’ past experiences also affect their use of discretion. If they have always had poor personnel management, they might not have been provided clear guidelines regarding how to handle different situations or have had clear performance standards. Without having these there is no regulation of discretion and they might not know the best ways to handle these different situations.
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).
Police misconduct encompasses illegal actions or the violation of individuals’ rights by police officers in the conduct of their duties. A wrongful conviction of a citizen can result from police misconduct of only one officer. They are expected to exceed the standard and follow the agency’s operating policy when it comes to professional conduct. Likewise, if they violate the trust of their office, they should receive a harsher punishment than a normal citizen. The formal law enforcement code of ethics and the stereotypical police attitude are very real ethical problems.