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Police discretion as an essential part of policing
Police discretion as an essential part of policing
Discretion in the police system
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Law enforcement officers tasked with regulating laws and maintaining peace in society often encounter many standards of trouble. Officers often have to put their life on the line to complete their duty of protecting society and maintaining law and order, they have to fight through aggressive criminals and crack down on fugitives. According to Bier (2014), The average police officer has to confront with the mentally ill, drunken civilians and criminal suspects on a daily basis, this is not only physically draining but also mentally draining from the constant psychological stress that accompanies the occupation. In addition to patrolling around, police officers around the country are constantly and willingly ready to put their …show more content…
The first of the four categories, Loyalty, is the ethical dilemma officers face when seeing other fellow officers commit offences during their course of action. These types of action can be as minuscule as officers abusing sick leave, all the way to physical abuse and corruption. At the lower level, abusing sick leave typically occurs when officers want a certain amount of time off, these types of sick leave usually happen on workdays and especially on the days they get denied vacation. On sick leave police officers still get paid, when in reality the offending police officer is not actually ill. Other police officers in the workforce may know of this abusive method, however, they do not want to report these offences to the upper officers as they would then lose their friendship and loyalty to the police officer. The offending group would then exclude them socially and it could escalate to physical violence. On the lower level these type of offences do not seem like they affect society, however, the offending officers here are taking money from the government budget for task enforcement with no noticeable increase in the effectiveness of the police taskforce. On a higher level, physical abuse and corruption are also neglected by other police officers. When an offending police officer commits …show more content…
Discretion is the power given to officers to be able to choose to arrest someone based on their circumstances and the offender 's intentions. In other words, law enforcers are able to use their own personal judgement to judge incidents, Without discretion officers would have to arrest all offenders of the law, however occasionally these offenders had no true intention of infringing the law and it was an honest mistake. With discretion officers are able to turn the other cheek at the infringement of the law, if they feel morally obligated to. There are cases where the offender and victim are not so clear cut, cases such as verbal abuse are hard to determine who the victim. In this case, officers are required to use their own judgement to determine who instigated the fight (Hirbyand n.d.). This becomes an ethical dilemma, as the outcome of justice relies heavily on the officer 's judgement. When an officer 's past experience and discretion come together, morality becomes an issue. According to Bureau of Justice Statistics (2010), Black males aged between 18 to 20 are most likely to commit crimes, when an officer learns about these statistics, it may be applied with discretion. This is where morality becomes an issue as it is morally wrong to generalize a race, however since statistics have indicated that black males aged 18 to 20 are more likely to commit a crime,
The job of a law enforcement officer sometimes can be tough. Officer are sometimes plagued with situation that test their ability to enforce the law and maintain order. Police officers today face a constant battle to maintain higher ethical standards. This mission becomes tougher each day when one considers the importance of fighting terrorism, drugs, human trafficking,
Society impacts ethical behavior of law enforcement by holding them to a higher standard of expectation. Police officers act as protectors and liaisons in highly stressful situations with the power to make decisions over society. Holding this position requires trust and the ability to lead by example. Police officers may have to be able to recognize the ethical dilemmas, decide the
the psychological health of police, fire, and ambulance officers.” International Journal of Stress Management, Vol. 11, pp. 227-44.
Some of the world’s most-loved and well-known superheroes include Superman, Batman, and Spiderman. However great these superheroes may appear, their fictional stories also include stressors that they face everyday, such as the villains that they encounter and the pressure of being a hero and an everyday citizen. In this way, stress often negatively impacts the lives of the ones who watch over every neighborhood, every street, and every house. Such is the job of a police officer. Because stress has become an important topic in the community of law enforcement, things that are commonly discussed are the causes of stress, the effects of stress, and the handling of stress in the lives of police officers.
Everyday law enforcement personal have the possibility to face dangerous events in their daily duties. In performing such duties a police officer could come by a seemingly ordinary task, and in a blink of an eye the event can turn threatening and possible deadly. When or if this happens to an officer they won’t have
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.
Police culture is characterised by a code of silence, unquestioned loyalty to fellow officers, and cynicism about the criminal justice system. Such characteristics do not only promote police corruption but also impede the controlling and detection of corrupt police. A code of silence comes with grave consequences for violation. This is evident when members of the Ceja Task Force were placed in fitting roles with officers who worked in Victoria Police. Breaking the code of silence leads to harassment and victimisation. Members of Ceja who were placed in Victoria Police witnessed this due to their previous work investigating corrupt police. Interrelated with the code of silence, is loyalty between officers above everything else. As officers hold such loyalty to each other it causes corrupt officers to continue doing as they please, and potentially make other officers corrupt with no evident consequences. This is clear in the Ceja report as the Drug Squad maintained loyal to one another through the corrupt process of purchasing and distributing illicit drugs. The last aspect of police culture that will be discussed is police cynicism or disillusionment about their jobs, the criminal justice system, and public support. This causes police officers to believe all people are bad. In turn, this leads to police defying the
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
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).
In law enforcement, every officer is responsible for their actions and whether or not to make an arrest when detaining an individual committing an offense. Whenever an officer stops someone they always run the risk of it turning into a dangerous situation. Sometimes when a situation is heated and in the moment, they have to make an immediate decision. Police officers have a responsibility to preserve the peace and make sure everyone comes out of the situation in the best way possible. The use of discretion involves using judgement, which officers are expected to have. Police officers are expected to enforce the law, but if they went after everyone that broke the law they would end up being overwhelmed and exhausted. Discretion is beneficial to officers when they
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,
It is often said that power brings corruption, but in reality it is an individual’s lack of character, self-discipline, and integrity that leads to corruption. Law enforcement can bring many temptations on the job, and maintaining an up most level of personal integrity can often times be very difficult. The very nature of the job surrounds officers with all of the bad things that society, produces. There can be an endless amount of training and rules put into place to try and deter officers from committing unethical acts, but in the end it really just comes down to the specific individual and their willingness to do the right thing.
Discretion is using an individual’s judgment, instead of a set of formal rules, to make decisions (Bohm, 2014.) Discretion for police officers is used because there are no list of policies and procedures that could cover every single situation that an officer could face on their everyday workday (Bohm, 2014.) The book made sure to even mention those police officers can face discretion from both a parking meter violation and the ignoring of violations of the law that they deem appropriate (Bohm, 2014.)
In policing, policies, procedures, rules, regulations, and discipline are necessary components of oversight and accountability, and also serve to promote the overall departmental mission, goals, and objectives. However, too many guidelines and rules or overly restrictive policies can not only create confusion, conflict and low morale, but also detrimentally impact agency goals. According to Skolnick (2011), morale is of paramount importance in the administration of police due to officers’ tendency to regard team-mentality over administrative policy. Therefore, problems, which generally occur as the result of violations of key administrative principles, can contribute to inefficiency and ineffectiveness in both personnel and departmental goals.
Every day police must make important decision within society. Decision making encompasses whether to enforce the law or not to enforce the law in certain circumstances. One can observe discretion is situations pertaining to traffic violation or those as a result of a minor or private offence. One may have experienced this when an officer decided to provide a warning instead of issuing a speeding ticket. In certain circumstances, officers consider many variables when exercising their discretionary decision. Such decision may include but are not limited to offender’s demeanor, age, economic status, race, gender, or maybe even an offender’s health. Situational variables can also influence an officer’s decision on the basis of the seriousness of the crime,