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The utilization of discretion in policing
The utilization of discretion in policing
The utilization of discretion in policing
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Delattre discusses discretion in chapter 5, for he writes that judgment and rules, respect for limits, policies and laws, force and deadly force, and anticipation and planning, which shape and or create individual discretion. Delattre says that, discretion is allowed, because there are too many variables in situations and regulations can’t dictate what to do every time. Good policies only set boundaries for discretion, though the chief or commanding officers, also can set boundaries on policies to enforce more or less. Policies can’t be fully enforced, so there needs to be discretion concerning what policies are more enforced based on factors such as, limited resources and manpower. Though policies can make discretion good or bad, depending …show more content…
Delattre then writes about force and deadly force, saying that, force usage, depending on department, is vague and mostly allowed. Deadly force on the other hand, limitation is vague and as long as the officer abides by the department’s standard, the officer’s deadly force may be justified. The use of dead force is really up to the officer’s discretion, while as some people find there is too much or too little discretion in deadly force; the department has a responsibility to address the issues in policy, while respecting the limits and allows the officer to exercise discretion. Delattre then explains in anticipation and planning, that departments and officers often should anticipate problems in correct decision making to avoid discretionary issues. Anticipation also can prevent to less media attention, good or bad, just as Delattre brings up, the media coverage can create copycat criminals. On the other hand, the media attention can bring reform to discretion and judgment calls, which can be good or bad, depending if the policy created is good or
The novel, Just Mercy, by Bryan Stevenson is an incredible read. In this book, Mr.
In Andre Dubus’ short story “Killings,” the character Frank Fowler is violently murdered by his girlfriend’s ex-husband. Numerous readers agree that Richard Strout’s death is the result of revenge; however, Frank’s death is rarely examined. Even though his death is the pivotal point that swings the rest of the story into action, his demise is often overlooked because Richard’s death is so prominently analyzed, calculated, and questioned. So what is the origin of Frank’s murder? Although there are numerous reasons why Frank is killed, one apparent cause is his love for Mary Ann. Lieutenant Jimmy Cross from Tim O’Brien’s story, “The Things They Carried,” can certainly attest that the love of a woman is a powerful and blinding emotion. An emotion
In today’s society, police officers are very cautious on how much force they can use on a suspect due to the police brutality going on right now. Police brutality is defined as the use of force exceeding what is necessary, many people argue that there should be new policies to determine how much force a police officer can use and also have laws that will convict officers who have killed people by using too much force, so that there is less incidents in the future.
People are often remembered for being overly successful, extremely talented, or insanely wealthy; but there are exceptions to every rule. Being a fearless outlaw is not the ideal way to gain fame, but John Dillinger managed to do so. Dillinger’s fearless charisma, led him to go above and beyond to provoke law enforcement. Not many criminals have succeeded in the way John Dillinger did during the 1920s and 30s. He managed to put society in awe due to his obstreperous acts of rebellion. Being one of the most infamous criminals from his time, Dillinger had a huge influence on crime, and has greatly impacted gangsters all over the country.
In “The Death Penalty” (1985), David Bruck argues that the death penalty is injustice and that it is fury rather than justice that compels others to “demand that murderers be punished” by death. Bruck relies on varies cases of death row inmates to persuade the readers against capital punishment. His purpose is to persuade readers against the death penalty in order for them to realize that it is inhuman, irrational, and that “neither justice nor self-preservation demands that we kill men whom we have already imprisoned.” Bruck does not employ an array of devices but he does employ some such as juxtaposition, rhetorical questions, and appeals to strengthen his argument. He establishes an informal relationship with his audience of supporters of capital punishment such as Mayor Koch.
Unspoken words can sometimes affect the whole mood of a conversation. In the story “Trial by Combat” by Shirley Jackson and the excerpt from Summer Ball by Mike Lupica there are very tense conversations where many things go unsaid. In “Trial by Combat” the conversation between Emily and Mrs. Allen is very strained and uncomfortable for both women. Emily has come to accuse Mrs. Allen of stealing her belongings, and Mrs. Allen is well aware of this fact. In the end, Emily doesn't address Mrs. Allen about her missing items and Mrs. Allen pretends she has no idea why Emily is visiting. This causes lots of tension in their brief conversation, keeping the topics of discussion trivial and light. In the passage from Summer Ball the conversation between Danny and his
Over the years, our nation has witnessed countless cases of police brutality. It has developed into a controversial topic between communities. For instance, deindustrialization is the removal or reduction of manufacturing capability or activity can lead to more crimes when people are laid off. Police officers are faced with many threatening situations day-to-day gripping them to make split second decisions; either to expect the worst or hope for the best. The police are given the authority to take any citizen away for their action that can ruin their lives. With that kind of power comes great responsibility, which is one main concern with the amount of discretion officers have is when to use lethal force. The use of excessive force might or
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday, forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have when to use force or when to use lethal force.
Discretion is often one of the most critical aspects of a police officer’s daily duties. In the past, police discretion was considered taboo until 1956 when a study conducted by the American Bar Foundation discovered that there is nothing illegal or improper about discretion, and that it is in fact of practice (“The Role of Discretion in Police Work,” 2012). Before discretion was officially accepted as practice, police officers would not admit to be involved in police discretion. The basic definition of discretion is the use of personal choices when carrying out typical police job duties. For example, a police officer may decide to arrest one suspect for police interference, but will let another suspect go home, for the exact offense. When using discretion, however...
In the book On Crimes and Punishments; the author; Cesare Beccaria talks about the justice system and the changes that he believes will make society better for all the citizens. In many of Cesare Beccaria’s statements he argues that to lower crimes, all citizens should be treated equally to have society properly function. Despite the changes that Cesare Beccaria made on equality, there is still a lot of hard work to be done to attain equality worldwide even to this day. Beccaria believes that certain aspects of the law have to change so that everyone could be treated the same even if they are of a different class divisions as well as if they have been accused of a given crime.
Crime is a part of society encompases the news and the public. A variety of studies of media content have estimated that as much as 25 percent of the daily news is devoted to crime (Surette 1992) and that crime is the largest major category of stories in the print and electronic media (Chermak 1994, 103). (Lawrence 18). With crime at an all time high, police are constantly having to deal with more and more issues. This can lead to stressed out and fed up officers, which can lead to poor decisions by an officer. The use of force by police is a highly controversial topic as it raises questions about a government’s ability to use force against its citizens (Lawrence 19). Today’s society is caught up on the ideals of civility and equality before the law, making police use of force a touchy
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...
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).
In class we have discussed use of officer discretion which is widely used in Armed & Dangerous. The officer using their judgement to handle certain situations. Gallo mentions “The job teaches us early on that, for any cop, your brain is your most powerful weapon.” (pg. 79). In some neighborhoods involving gangs, Gallo has to keep a low profile and not draw attention to herself otherwise she might be shot at by gang members. She also learns that people are more comfortable talking to female cops than male cops because they are more understanding. Officer discretion is very important for the protection of an