Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Factors affecting police discretion
Ethics in police discretion
Ethics in police discretion
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Factors affecting police discretion
Police Discretion When police are attending a call or happen upon a crime they are given the power of discretion, where they have the ability to decide how to proceed. This can be used responsibly or taken advantage of as there is very little in terms of control.
Situational Variables The situation in which a police officer apprehends a suspect can influence the officer’s decision on how to proceed. In fact situational variables are considered to be the most influential factor on an officer’s use of discretion (Goff, 2011, p. 184). Rudy listed of some situational factors that can affect a person’s discretion such as “possible educational experience, suspect attitude, community support, policies, and whether or not an officer has filled their ticket quota for the month”
…show more content…
Charging people does not solve the problem so if an officer can use the situation to teach a lesson (most often to teens) than they might take that opportunity instead of issuing a ticket or other penalty (personal communications, November 11, 2015). Police can also base their actions on whether or not the community would support the decision as they want to maintain a good working relationship with the public. As well they are less likely to let people off if it is nearing the end of the month and the officer has not reached their quota of handing out 20 tickets. Additional factors can be the seriousness of the crime, strength of evidence, preference of victim, and relationship between victim and suspect (Goff, 2011, p. 186). If it is a small issue or there is not much evidence than officers may not bother proceeding, especially if there are more pressing matters at hand. An
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.
Quinton, P., Bland, N., Miller, Joel (2000) Paper 130: Police stops, Decision-Making, and Practice. London: Home Office
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.
In situations when a high profile case is public, police investigators undergo amounts of severe pressure to convict a suspect and is often led to convict the first suspect who is involved. Pressure from victims, the community, media and police supervisors often induce speed as the overriding factor when investigating a case. Police officers have human tendencies when trying to reach the overall goal of justice when solving a case. Tunnel vision is often the result of police officers having a narrow theory towards a suspect, drawn to conclusions about who is responsible early and disregarding evidence that points to the suspect as innocent.
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).
As stated in the textbook, police often have to make decisions on their own, with only their moral compass to guide them. Most ethical dilemmas that police officers face derive from their powers of discretion. Moral dilemmas that police officers face are often frequent and unavoidable. They are often unpopular with many people, resolved quickly, and are often dealt with alone.
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.
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.
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).
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