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Pros and cons of police discretion
Pros and cons of police discretion
Why is police discretion necessary
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"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)
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.
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 ...
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...because when discretion is exercised appropriately, it makes the law just.
Works Cited
Bonaparte, N. (2012). Zimmerman/Martin Investigation. CTSGV Sanford Florida Government. Web. 26 April 2015.
http://www.sanfordfl.gov/investigation/docs/Zimmerman_Martin_shooting.pdf
Coalition to Stop Gun Violence. (2011). Shoot First Law. CTSGV Web. 26 April 2015.
http://www.csgv.org/issues-and-campaigns/guns-democracy-and-freedom/shoot-first-laws
Gleason, T. (2006, November). Ethics Training for Police. The Police Chief Voice, 73, 11.
Reaves, J. (2002). Person of the Week: Charles A. Moose. Time. Web. 26 April 2015.
http://www.time.com/time/nation/article/0,8599,363860,00.html
Rich Kinsey is a retired Ann Arbor police detective sergeant AnnArbor.com Web. 26 April 2015.
http://www.annarbor.com/news/discretion-is-the-measure-of-a-police-officer/
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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 brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against officers who use excessive force and violate the human rights of their victims. In some cases the police have injured and even killed people through the use of excessive force and brutal treatment. The use of excessive force is a criminal act and I will try and explore the many different factors involved in these situations.
Police discretion is structured and controlled by the kind of situation that the police must deal with (Wilson, 1968). Wilson (1968) delineates four different situations. Police-invoked law enforcement, citizen-invoked law enforcement, police-invoked order maintenance, and citizen-invoked order maintenance.
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).
"A policeman’s first obligation is to be responsible to the needs of the community he serves…The problem is that the atmosphere does not yet exist in which an honest police officer can act without fear of ridicule or reprisal from fellow officers. We create an atmosphere in which the honest officer fears the dishonest officer, and not the other way around.", -Frank Serpico.
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.
When the media sensationalizes cases about police officers abusing their powers, the public’s immediate response is to demand restrictions on them. While the abuse of discretion exists, allowing police officers to exercise discretion without control is vital due to the unpredictable and multifaceted nature of crime. Thus, abolishing police discretion would be detrimental because police officers will primarily become law enforcers who ignore individual circumstances, cannot make meaningful differences in others’ lives, and cause inefficiencies in the criminal justice system. Police officers must be allowed to exercise discretion, given the nature of their job. Discretion is imperative because it permits police officers to select between different options when they need to decide (Griffiths, p. 110).
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).
The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers