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Advantages of police discretion
Pros and cons of police discretion
Why is police discretion important
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Discretion of a police officer is the subject I would like to tackle. In this paper I will discuss the issues I have with the discretion, the problems with these discretions I have, and how some officers may use discretion to their advantage. By the conclusion of the paper the reader will be educated on the subject of discretion and the issues facing it.
Discretion is defined by Pollock (2010) as, “having the authority to choose between two or more courses of behavior. Law enforcement professionals have a great deal of discretion regarding when to enforce the law, how to enforce it, how to handle disputes, when to use force, and so on. Every day is filled with decision-some minor, some major.” (p.198) When I look at this definition of discretion I feel that these officers are faced with many different issues when it comes to making decisions that can be viewed as fair. This is when I feel that the officer has to make ethical decisions in order to be considered fair, creating trust in the public, while making a good name for the department.
When considering some common abuses of police and discretion, I think about a lot of young police officers, new on the force, their new sense of power and the ability to let that young attractive woman go with a warning. I can see that officer pulling over a man for the same offense and hitting him with a ticket that comes with a large fine. I believe this is abuse of their authority and using their discretion to their benefit. When a police officer is out on duty he is expected to make responsible on the spot decisions for what ever situation may come up.
There are some consequences to discretion. There are the facts that since theses officers have discretion over what will hap...
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...n to it if an officer uses discretion to his benefit the he isn't doing his job in the first place. If a Christian officer pulls you over and decides that you have a good reason to be arrested, or to get a ticket, or to get by with a warning because of the circumstances he is doing the right thing. Making a rational decision and using good judgment to enforce the law and to serve the community.
Works Cited
Knodle, K. (1978). Discretion and dispositional alternatives in police handling of juvenile cases. Retrieved March 1 , 2010, from http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=75217
Pollock, J. (2010). Ethical dilemmas and decisions in criminal justice. Belmont, CA: Wadsworth, Cengage Learning
Scott, M. (. (2005). Police discretion Thousand Oaks, CA: Sage Reference, 2005. 337-339. Gale Virtual Reference Library. Web. Retrieved: March 2, 2010
Banks, C. (2013). Criminal Justice Ethics: Theory and Practice, Edition 3. Thousand Oaks, CA: Sage Publications.
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.
Pollock, J. M. (2010). Ethical Dilemmas and Decisions in Criminal Justice Sixth Edition. Belmont, CA: Wadsworth Cengage Learning.
Police officers have a great amount of discretion. Since they are not always supervised and on patrol they choose which cases should be process and which one should just be not. Police discretion is the most important part because it determines the outcomes of the interaction between the police and the juvenile. Krisberg and Austin noted that police have five basic options in deciding what course of action to pursue with juveniles. The first one would be release, accompanied by a warning to the juvenile. The second one would be release, accompanied by an official report. The third one would be Station adjustment. Which include release to parent accompanied by an official reprimand, referral to a community youth agency, or referral to a public or private social welfare or mental health agency. Fourth would be Referral to juvenile court without detention and last referral to the juvenile court with detention.
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 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.
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
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).
There are several ethical issues that surround police corruption and discretion. Police corruption is defined as police misconduct. This occurs when police officers break their social contract by abusing their authority for personal advantages, department advances, or both. According to social contract theory, police officers are obligated to follow the code of ethics and moral standards of the criminal justice system. Police discretion is defined as the power to make decisions as to whether or not to follow police procedure and protocol, or give someone a
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).