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Trends in managing police discretion
The utilization of discretion in policing
Trends in managing police discretion
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In 2011 assistant professor in the department of political science at Western Illinois University, Casey LaFrance, wrote an article in the International Journal of Police Science & Management regarding discretion among the levels of authority within police departments. He sees that communication in the organizations hierarchy leads to similarities in their discretionary behavior. LaFrance determines from previous research that there are nine influences that affect why and how officers utilize their discretion. These factors include personal values, community norms, peer group norms and the informal organization, departmental standard operating procedures, legal liability, expectations from accreditation bodies, expectations from various professional …show more content…
LaFrance then discusses Dworkin model. Developed in 1977, the Dworkin model relied on only one ring of constraint in correlation to discretionary decisions. While the simplicity of his model is easier to understand, it groups each of the nine constraints into one cognitive ring. He further analyses that the Dworkin’s model does not have the differentiation or depth of information for each constraint to examine for the purpose of comparison or workers rank. LaFrance proposes model that will provide more depth to the understanding of discretion by extending the role of each …show more content…
As well as, the benefits to his visual model are easily perceived and shown to be effective through his research. LaFrance additionally supports his proposal by analyzing and recognizing the flaws to his department specific findings. Particularly, I perceived his research and findings to have an objective view and his background as an assistant professor of political science gives him a qualified understanding and background to conduct this
Decision Making – Police officers have considerable decision making powers at their own discretion. This is true for low ranki...
How prevalent is police discretion and why does it exist? Can discretion be eliminated? Should it be? Due Date March 11 2005
Police officers have a great amount of discretion. Since they are not always supervised and on patrol they choose which cases should be process and which one should just be not. Police discretion is the most important part because it determines the outcomes of the interaction between the police and the juvenile. Krisberg and Austin noted that police have five basic options in deciding what course of action to pursue with juveniles. The first one would be release, accompanied by a warning to the juvenile. The second one would be release, accompanied by an official report. The third one would be Station adjustment. Which include release to parent accompanied by an official reprimand, referral to a community youth agency, or referral to a public or private social welfare or mental health agency. Fourth would be Referral to juvenile court without detention and last referral to the juvenile court with detention.
“But they didn't have to beat me this bad. I don't know what I did to be beat up." Rodney King, March 3, 1991. Police Brutality has been a long lasting problem in the United States since at least 1903 when police Captain Williams of the New York Police Department said the phrase, "There is more law at the end of a policeman's nightstick than in a decision of the Supreme Court." In the 1920's the Wichersham Commission had a number of instances of police brutality. Many of these included the use of the "third degree" (beating to obtain a confession). This is a very effective way to get a confession out of somebody. However, beating the accused could easily elicit a confession from a scared and innocent person. Also, this puts the accused person's life in danger. Police officers must make snap life and death decisions daily. Officers' work in an environment where death (theirs, their partners, and an innocent or guilty person) is one decision away. How does that constant fear effect an officer's perception? Unfortunately, many that are attracted to law enforcement are aggressive and prone towards violence as a solution. Police officers have a lot of power. With this power comes responsibility. Police brutality can be defined as the excessive or unreasonable use of force in dealing with citizens, suspects and offenders.
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
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).
Reiss, A, Jr. (1984). Consequences of Compliance and Deterrence Models of Law Enforcement for the Exercise of Police Discretion. Law and Contemporary Problems, 47(4), 83-122.
An article written jointly by Mark Perez and Anthony H Normore, published in the Journal of California Law Enforcement discusses the growing concern that the public’s trust in law enforcement is at an all-time low due to the ethical choices that some of our leadership have been making and how we can improve the publics opinion of law enforcement and some of their unethical decisions. The purpose of their article is to share their thoughts on police leadership and ethic, they feel by having just one powerful confident police leader in a department it can have a positive impact on that police department by reducing the rate of misconduct. They also feel by having a police force with strong integrity
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