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Reasons for police discretion
Reasons for police discretion
Roles and responsibilities of the police
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So much is to be said about law enforcement and the discretion that is needed to maintain good order, impeccable judgment, and discipline within the ranks. Discretion is a topic that varies from person to person and institution to institution; it holds many different meanings and can be used negatively if sound judgment is not exhibited.
Merriam-Webster’s Dictionary defines discretion as, “the right to choose what should be done in a particular situation; the quality of being careful about what you do and say so that people will not be embarrassed or offended; the quality of being discreet.” (Merriam-Webster’s, 2014) The key factor that is missing, from this definition, is the word reasonable. By adding reasonable to the definition, it limits the outcomes of certain situations. Anyone can make decisions, but outcomes will differ between reasonable individuals and the irrational. “Discretion simply means choice, that’s all. As a police officer, I have to make many choices. We are limited by law and our department policy, but, to be honest, often times real police work becomes an art of tapping into your common sense.” (Nielsen, 2011) James Nielsen, a Minneapolis Police Officer and adjutant faculty member at Rasmussen College, uses the phrase common sense. Common sense is a simple philosophy that many have failed to master.
Common sense is an ability to receive, interpret, and judge a situation reasonably. Common sense has a direct correlation to the discretion a law enforcement officer will utilize throughout their career. This paper will discuss a few aspects of the law enforcement profession that relates to mechanisms emplaced to deal with discretion: internal control mechanisms, external control mechanisms, citizen control m...
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...e to rush over to the robbery in progress. This scenario is not written in black and white but the officer’s discretion is allowed to play out and define the needs over a petty theft versus a felonious assault. If discretion was not allowed, the officer would be forced to deal with the petty theft encounter from start to finish. The officer would have to pass off the call to another officer who may be further out and could allow for that scenario to escalate.
Every action the law enforcement community makes should leave a positive, everlasting effect on the community they serve. The negative view of law enforcement should not be the actions of a few but the unseen actions of many. The bad apples of law enforcement always make the news and the headlines, but the officer who went above and beyond to affect a family for the rest of their lifetime, goes unnoticed.
I asked Mr. Cayette to tell me what he feel are the positive factors related to being a criminal justice person. He said, “The positives about being in the criminal justice system is that there is a thin line between order and chaos. As of the last few years, criminal justice professionals have been under a lot of scrutiny. The majority of guys that are "called to do the job" have been profiled by the few guys that feel they can do the job by being a law enforcement officer. A cop provides a feeling of security to most people. When most people see a law enforcement officer, they feel safe no matter what the situation may be. Even with the negative publicity the police has been receiving, some cops are still seen as the good guys and keep order in the community. Being a police officer is still at the...
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
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
Discretion does have its advantages. Philip Howard puts forward as an argument that discretion is an essential and inevitable element of public administration. According to Howard discretion is needed to make certain that benevolence is in the manner of governing. He suggest that in an effort to attain conformity with the rules or fairness, more than is normal limited the discretion of public officials in some principle of action adopted by government areas.
Discretion is usually described as a choice of options or actions one can take in a situation. People exercise discretion everyday. Discretion is like when you want to watch a movie and you are contemplating whether you want to watch a scary movie or a comedy movie. Discretion involves making a judgment and a decision. Although everyone experiences discretion, not everyone makes the same choices or decisions when it comes to discretion.
Law enforcement agencies nationwide have repeatedly been shaken by controversy and forced to make undesirable concessions. Has law enforcement failed to maintain the high standards required by the profession? The cost of public trust is high. It increases each time faith must be regain. Historically, law enforcement agencies throughout the nation have experienced periods of low confidence in communities preceding episodes deemed to be a breach of trust.
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 ...
Police discretion is structured and controlled by the kind of situation that the police must deal with (Wilson, 1968). Wilson (1968) delineates four different situations. Police-invoked law enforcement, citizen-invoked law enforcement, police-invoked order maintenance, and citizen-invoked order maintenance.
Police discretion. Police discretion is defined as the decision-making power afforded to Police Officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. Police discretion can be also defined as the individual’s ability to make a decision based on the principle of courses in the actions. Police officers are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision. In other words, police discretion is the choice the officer has on how he or she enforces the law. Discretion in law enforcement includes whom to arrest, whom to investigate, whom to talk to, and whom to interview (Pollock, 2014). Use of discretion
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).
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.
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
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).