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What is police discretion and how does it relate to ethical choice
Police Discretion
Police discretion example
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On a large scale, police officers have been accorded the legitimacy to exercise their own free will while making decisions about their line of work. Police discretion can be described as responsibility bestowed to a police officer mandating them to make an individual choice regarding the best course of action that can be taken when exercising their duties. To some extent, this has been viewed as being favourable when police officers are on duty, but in the event that this happens, then it is arguable whether this discretion can result in misdemeanours. This paper attempts to elaborate on the debate whether police discretion is good or bad and the image that it portrays on police officers in case this position is violated. In light of this, …show more content…
One particular occasion that comes to mind is the beating of a citizen in 1991 named Rodney King. This situation received many views and outcry from the public. A video was taken showing Rodney King being brutally beaten by three police officers. Before this, Rodney King had been seen speeding, and despite being told on numerous occasions to pull over, the suspect had decided to lead the police on a chase of which he eventually lost. Upon apprehending him, he was pulled out of the car and hit 51 times by the police officers causing numerous bone fractures as well as brain and kidney damage. This incident was revealed in footage and the immediate perception of the public was police brutality. The aftermath of this occasion was characterized by riots and destruction of property as people protested against this brutality. However, had the police apprehended Rodney King and rightfully taken him into custody without inflicting pain as was the right procedure, such chaos would not have been experienced (Young, 2011). This is a clear indication of uncontrolled police discretion. Also, two officers were charged with the use of excessive force, which further affirms the abuse of discretion accorded to the …show more content…
This is because this power gives the police the rights to take away an individual’s right as was the case with Rodney King. Nonetheless, due process mandates that police departments should structure discretion in such a way that there is avoidance of unnecessary arbitrariness in the decision-making processes. As such, unguided discretionary power will violate due process in the event that there is no adherence to these requirements (Dempsey & Forst, 2016). Therefore, it is essential that law enforcement agencies guide the police enforcement by use of rules and guidelines as is the judicial requirement. Conclusively, it would be worthwhile that police discretion is reigned
Decision Making – Police officers have considerable decision making powers at their own discretion. This is true for low ranki...
I think police discretion is very common. Police officers exercise the choice of whether to question someone, arrest a suspect as well as several other duties and each of these decisions are made without the presence of supervision so perhaps this is the reason it exists. Discretion may be decreased but I don’t think it can be eliminated, even with supervision police officers together hold the authority to make discretionary decisions even if the public disagrees with their tactics. I don’t necessarily think police discretion should not be eliminated because, majority of the decisions that are made by them are made in the best interest of the public or victim.
Is people going to forget what happen in Ferguson? How about George Zimmerman being proven not guilty? Or that Eric Garner was screaming “ I can’t breathe” before his death? There are lists of African Americans all over the world who were not given the justice that they deserved. In todays, news African Americans are being treated unfairly compared to any other demographic groups. America is the greatest country in the world, but it is difficult to believe that being in the 21st century racism still does exist. For instance, when it was time to remove the confederate flag, some demographic groups had a hard time letting go. People who argue that “blue lives matter,” which states that police are justified when using force and being unfair. These reasons are not justifiable enough to kill someone. Black Lives Matter alleges that police target and use
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.
Is it true that excessive force is one of the most used forms of police misconduct? Are unarmed African Americans more likely to get killed during an encounter with police officers than any other race? Yes, both of these shockingly horrifying facts are true. So why are police officers abusing their powers and creating fearful environments when they should be making people feel safe in their communities. Who can we turn to on this earth to keep us safe if everyone and thing seems to be corrupt? When did police brutality become a thing in the U.S.? What exactly are we dealing with and what can we, as a nation, be doing to solve this awful conflict evolving quickly in the U.S.
There are several accounts of police brutality in the United States. Let’s begin with the most well known, Rodney G. King. Rodney was arrested by the Los Angeles police on March 3rd, 1991 after a high speed chase. He was beaten by officers with their batons.
The United States criminal justice system constantly violates human rights. These rights belong to justify every person in America and should not be used to tear one another down for what their beliefs are. Likewise, freedom of speech is so ingrained in the constitution that it should be more widely embraced. The protection of religion, speech, and expression is a critical part of America’s political system. The strong, direct link between freedom and democracy is unbreakable and is an important part in governing ourselves. It states that Congress is prohibited in creating laws against people’s belief’s; yet, it is regularly denied to anyone who talks back to the law. Furthermore, this country supports the death penalty. While some individuals
Attention Getter: Are all the officers who are intended to "Protect and Serve" really following through with that?
We must take actions to reform police behavior! The problem is not the police nor the people of the United States, but the Federal Government system in which we all have to abide by. In order for a police reform to be implemented, the system has to be fixed and reconstructed. The people of the United States want to feel protected by the police, but on the other hand, they receive limited training on how to effectively interact with the people in the community they serve. Police officers are ordained by the power of the government. Police reform should start by giving proper training to new recruits and veterans, enforcing community policing and police accountability.
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.
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
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary powers and the relationship between policing attitudes and the use of discretionary powers. A discussion regarding the use of police discretion towards Aboriginal and Torres Strait Islander peoples can scarcely be mentioned without making reference to arguably the greatest failing by a police officer since indigenous Australians were formally recognised as citizens. Further to this, the case of Mulrunji Doomadgee (Cameron) will be examined from the point of view of officer discretionary powers. The penultimate point to be made will involve the Anglo Australian response to this case as well as the ongoing relationship between indigenous Australians and the institutions that govern them. As mentioned, the first point will involve policing ideals and their relationship to discretionary powers.
The focus is on the issues of police accountability in modern society, and in particular why their accountability is more important than other professions. This is not surprising considering the amount of power and discretion police officers have, and the level of trust that the public holds with these civil servants. Police officers accountability is the biggest thing in their profession which has been an issue of concern they have to be accountable to the police department who want the officer to be an effective and responsible person, to people in the community who have best expectation from an officer and being accountable to themselves for their acts. An ordinary citizen of a country cannot obtain the powers that police officer’s have.
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).