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Disadvantages of police discretion
Thoughts on the abuse of discretion by police
Thoughts on the abuse of discretion by police
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Recommended: Disadvantages of police discretion
Police officers often encounter situations where the decision to use discretion challenges the way and the type of job that officers would normally conduct. Each day an officer is on the job, discretion when it comes to job duties appears, sometimes without any warning. Officers constantly struggle with the appearance of discretion, and often times do not know how to handle the situation when it does appear. Discretion may take many different forms in the job duties, but it always involves the officer letting a crime “slide,” rather than questioning every suspicious person. Letting a crime “slide,” for certain offenders, is of great concern for the administrators of police departments, because there is potential for ethical issues to surface later on. This essay will examine police discretion, factors that influence discretion, whether exercising discretion is appropriate, and the concerns that administrators have when it comes to police using discretion in the field. 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... ... middle of paper ... ... is of great concern for the police administration, hence why the use discretion is controversial. Using discretion to a certain extent is appropriate, but as previously stated, only if the discretion is not abused and misused. Works Cited Information On The Use Of Police Discretion. (2004, January 6). Information On The Use Of Police Discretion. Retrieved November 18, 2013, from http://www.caught.net/prose/policediscreti Siegel, L. J., & Worrall, J. L. (2012). Issues in Policing. Introduction to Criminal Justice (13th ed., pp. 252-258). Belmont, CA: Wadsworth. The Role Of Discretion In Police Work, Its Strengths And Its Weaknesses. (n.d.). The Role Of Discretion In Police Work, Its Strengths And Its Weaknesses. Retrieved November 18, 2013, from http://www.researchomatic.com/essay/The-Role-Of-Discretion-In-Police-Work-Its-Strengths-And-Its-Weaknesses-95144.aspx
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
How prevalent is police discretion and why does it exist? Can discretion be eliminated? Should it be? Due Date March 11 2005
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.
Police officers have a significant level of discretion when ethical decision making is incorporated in deciding how to respond to a domestic violence call. For example, officers exercise discretion by deciding how to respond to domestic violence when a situation involves a fellow officer. America is a country in which many believe in privacy within the household and often choose not to be involved in a domestic dispute because families should resolve their own problems. However, discretionary powers abused by an officer are used to dissuade the victim from filing charges against the officer’s colleague. Officers often do not choose to arrest in a domestic dispute because they believe the family, not the justice system, should resolve the problem. If the police officer abuses his discretionary power by persuading the victim to not file charges, then he is going against community policing. This is because, he is not serving the interests of the community, but rather the code of silence within a police department. This discretion is exercised even more when the domestic violence situation involves an off duty police officer. When police officers commit domestic violence against their spouse it is usually explained by the fact that police officers deal with difficult citizens on a daily basis on the streets and as a result of the high levels of stress on the job bring their frustrations home and spouse becomes the scapegoat for his feelings (Wetendorf, 1998:3).
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can lead to the denial of citizen rights. Strategies that control the use of discretion are, therefore, very important. The benefits and problems of police discretion and controlling strategies are the focus of this essay.
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.
The use of discretion in the profession of law enforcement has shown to be an inevitable practice. Police officers routinely use their own beliefs and judgments to make critical decisions that include the life and liberty of the citizens in the community they serve in. Although discretion has both negative and positive sides to it, discretion is impossible to be eliminated from law enforcement. The best way to use discretion in a safe manner is to practice using discretion while on and off duty as well. While practicing discretion, officers should keep their own beliefs and prejudice to themselves and out of line of duty. When police officers are on duty, they must have knowledge of what is going on around them and eliminate discriminatory factors and use confidence to make a lawful
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).
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.
Police officers use discretion in a broad manner. Depending on a situation I can issue a verbal warning, a citation, or an arrest. However, when taking a course of action in a situation I want to make sure I have a reason as to why I gave them the punishment that I did. Discretion in the criminal justice system is based off of efficiency, safety, and justice.
A Critical Assessment In defining police ethics, ethical policing and police ethics are not synonymous or interchangeable connotations to or for one another. Aside from establishing a police role independently from establishing any definition of ethics or police ethics, the semantics tend to complicate the defining process. Some of these complications include, but are not limited to, sociological aspects, psychological conditions, or philosophical reasoning. Examples of sociological complications include historical, political, cultural, or economic aspects. Some psychological examples include one’s ability to discern sociological implications from other implications; namely, the condition of post-traumatic stress disorder, hydrophobia, or even weary dreams. Lastly,
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
When the media sensationalizes cases about police officers abusing their powers, the public’s immediate response is to demand restrictions on them. While the abuse of discretion exists, allowing police officers to exercise discretion without control is vital due to the unpredictable and multifaceted nature of crime. Thus, abolishing police discretion would be detrimental because police officers will primarily become law enforcers who ignore individual circumstances, cannot make meaningful differences in others’ lives, and cause inefficiencies in the criminal justice system. Police officers must be allowed to exercise discretion, given the nature of their job. Discretion is imperative because it permits police officers to select between different options when they need to decide (Griffiths, p. 110).
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).