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Police Discretion and its effects in the Juvenile Justice System
Stephanie E. Guzman
Juvenile Law and Procedure
Ron Reid
May 15, 2016
Abstract
Police discretion plays a major role in the criminal justice system. Police officers are faced with having to use their own beliefs to act upon situations they are faced with.
In 1956 police discretion was discovered by the American Bar Association and since then it has been an important problem in the criminal justice system. According to the Merriam-Webster Dictionary discretion is defined as “the power of free decision or latitude of choice within certain legal bounds, the power to make his or her own individual judgement, and responsible decision making.” In the criminal
The organizational theory suggests that the organization itself including supervisors, rules and procedures influence behavior. The sociological theory suggests that the officer’s behavior is influenced by the situation at hand, and other things such as race, demeanor of the suspect or even how many other officers are present. The psychological theory suggests that the behavior of the police are actions that are influenced by their own outlooks and backgrounds. Police behavior varies, and when officers use police discretion it permits them to decide if they want to pursue procedure protocol or to just let someone off with a warning. Common examples of police discretion are if someone were to be pulled over for speeding, sometimes you might get a ticket or be let off with just a warning. In a domestic disturbance case the officer must use his discretion based upon the situation before him. The officer will need to make the best decision that both parties involved will be content with. Domestic disturbance cases are difficult when it comes to police discretion, because the decision he ultimately comes up with effects one party with a better or worse
There has been research conducted that the influence of a suspects demeanor amd cooperation has produced evidence that this influences police behavior. According to Myers (2002) police researchers have consistently found support for the expectation that citizens who are disrespectful toward the police are more likely to be arrested and more likely to have force used against them than those who are respectful or simply deferential (Myers, 2002, p.64). Juveniles who are disespectful towards police are more likely to be arrested and have other authority used against them than those who are respectful. Though it is not clear on if a persond gender effects police disccretion. There are those who might think that because of how society views felames vs. males that police might take more of a protectial approach. Females are just as likely to be arrested as males. Neighborhoods might also haave an effect on discretion when officers confront juveniles. The socioeconomic status of juveniles might create for a biased opinion on police
fact that there would have to be considerable respect given to officer discretion in light
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.
These outcomes are determined by the community and states. At times the community supports the police officers and at times they do not which that also depends on the state and the budgeting. The police discretion can also be limited depending on economic hardship, social services agencies for youth. Another important part that plays an important role in discretion would be changes in political climate and public
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).
Undoubtedly race and ethnicity plays a key role in whether perceptions of law enforcement is positive or negative. Most of the research presented finds that police contact with white’s vs blacks shapes their attitudes. Although contact with police plays a role, it is not the only component. Perceptions of police not only come from contact with police officers but from hearsay and media portrayal. As stated by (Callanan & Rosenberger, 2011) “most citizens are probably not likely to establish their opinions of law enforcement solely based on an occasional encounter, but also from other sources of information about the police, which for most members of the public is chiefly derived from the media.” Also, minorities are more likely than whites to believe that minorities are treated worse by police, and minority communities receive inferior police services (Graziano, Schuck & Martin 2010).
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.
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.
“Juvenile Justice and Injustice” New York, New York Margaret O. Hyde, 1977. Johnson, Jason B. Slain Teen’s family: Cops eyeing 7-10 suspects.” Boston Herald. 7 April 1995 Olney, Ross R. Up Against The Law. New York, New York: NAL Penguin Inc., 1985.
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).
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).