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Ethical issues in criminal justice
Police discretion advantages and disadvantages
Ethical behavior in law enforcement
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Recommended: Ethical issues in criminal justice
When making a decision should one consider ethics? Law enforcement throughout the years have face ethical issues. One of its main issue that law enforcement is the use of discretion. Many may say that there are officers out here not using their discretion wisely and it is one of the reason that leads to profiling/stereotyping different groups. Ethics in law enforcement needs to be follow because it allows things to be fair. When law enforcement seem unfair or bias this can cause an issue with the public and within law enforcement. There is no true direction and officer has to follow, but their own. Discretion should be used correctly and should be morally and legally justify. How can one correct this issue, when it has been happening for years? The issue may not end, but the issue can be improve to make sure that more officers are using it the way they were trained. …show more content…
As police administration have to look at the issue and what way to try to correct the situation. One of the ethical issues dealing with law enforcement today is when using discretion when stereotyping/profiling. There has been many discussing of police discretion. Perez and Moore (2013) stated that an officer uses of discretion is very important to the community and the justice system. If officer use of discretion is not seen as fair it can cause problems with administration and citizens. Discretion is define 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. How it looks in practice is different from situation to situation” (Hirby, nd). What have been discuss throughout the years with discretion and stereotyping/profiling is traffic
How prevalent is police discretion and why does it exist? Can discretion be eliminated? Should it be? Due Date March 11 2005
Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized. " Having less than ethical people in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime. For a start, ethics, or lack thereof, in criminal justice could be detrimental to citizens, and to the society as a whole.
As stated in the textbook, police often have to make decisions on their own, with only their moral compass to guide them. Most ethical dilemmas that police officers face derive from their powers of discretion. Moral dilemmas that police officers face are often frequent and unavoidable. They are often unpopular with many people, resolved quickly, and are often dealt with alone.
This essay is examining an ethical dilemma I may encounter as a Police Officer. The New Zealand Police (n.d.) have stated that the police officer’s main roles are to seek to prevent crime, advance public safety, find offenders, and uphold law and order. Due to the role of maintaining law and order, a Police Officer should not be rebelling against the law. This relates to the ethical dilemma I am researching; Whether or not a Police Officer should report illegal activity by friends or family. In this assignment, I will be analyzing both of the arguments this dilemma holds; what happens if I report the illegal activity, and what will happen if I do not report the illegal activity? in relation to virtue ethics.
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.
Officers are able to use discretion in many situations that their morals would guide them in. They have the right to pull a person over with probable cause or a violation and they can choose whether to give them a ticket, a warning, or nothing, depending on the situation.
This research proposal seeks to establish the level of police discretion used on duty. It aims to understand when it is appropriate for police to use discretion as well as given reasons for abusing their decisions. It focuses on issues with police discretion maintaining the responsibility to be ethical such as racial profiling, socioeconomic status and excessive force. Although police discretion can have positive factors, it also difficult to determine whether it is fair for police to make a decision during situations.
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
Police discretion is defined as an authority given to police officers to make judgment calls, as to whether or not they will follow policing statues, or allow someone to leave with a warning. According to the text, discretion occurs at every level of decision making within the criminal justice process, and how it is used can affect other components within the system.
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).
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.
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
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).