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Why is police discretion important
Police use of discretion
Police use of discretion
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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.
Normal force is distinct from legal and brutal force (Hunt, 1985). Legal force is taught in the police academy. It pertains to being able to subdue, restrain, and control a suspect if the officer is threatened with great bodily harm. Legal force also encompasses the use of deadly force
The helpfulness of their choice is much more important than obeying their duty or moral. Thus, when normal force is explained it is done under the pretense of justifiably. To recap, normal force is simply the force used under police discretion that is neither legally taught nor brutal (Hunt, 1985). Normal force is justified by taking responsibility for their actions, yet denying they were wrong because of situational or abstract events. At other times officers use excuses for normal force and recognize their use of force as inappropriate. They will recall emotional or psychological states as a reason for such inappropriate
In these cases cops do not like what is going on – crimes like vice, gambling, and traffic violations. For such offenses as gambling and vice a certain level of law enforcement is executed. Officers are coerced to achieve these goals by their administrators and by the community. For traffic offenses administrators expect a certain number of traffic tickets, but tickets do not affect traffic quality very much, so the community does not hold officers accountable for traffic conditions.
Citizen-invoked law enforcement pertains to situations where citizens are victims of crimes and call the police (Wilson, 1968). Most occurrences are property crimes and the suspect is usually unknown. Under these circumstances police are usually report takers and information gatherers. If a suspect is caught at the scene then the officer must decide whether to make an arrest, tell the citizen that they must handle the matter, or encourage him to effect a citizen’s arrest. Administrators have much influence because they can set guidelines and measure
Most law enforcement agencies have policies that determine the use of force needed. The policies describe the escalating series of actions an officer can take to resolve a situation, first level is officer presence which means no force is used, and just the mere presence can reduce
A '''use of force continuum''' is a standard that affords law enforcement officials & security officers (police, probation, or corrections) with guidelines as to how much use of force may be used against a repelling subject in a given situation. In certain ways it is similar to the military’s escalation of force. The reason of these models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often vital parts of law enforcement agencies' use of force policies. Although various agencies have developed different models of the continuum, there is no universal standard model (Stetser, 2001, p. 36)
With the articles and past research that I have collected, studies tell us that less than 3 percent of police-citizen contacts involve the threat of physical force by the police. The percentages are higher when the level of force is below lethal force, for instance 20 percent of arrests may involve some type of special or needed force to obtain and control the suspect in able to put him in custody. In the academy, police officers are taught to use equal or greater force to subdue the suspect and do what is necessary to protect the public and also look out for officer safety. Most incidents of force are low level applications such as using the arms, hands, legs, or their bodies to gain control of the suspect. Every police officer is supposed to be trained to a certain standard, and should be able to use the correct amount of force for the situation at hand. Police officers have situational training in the academy on what level of force to use if necessary. All police officers are equipped to handle most if not all situations or levels of force that is need to
Law enforcement officers are in constant dangerous situations while out doing their responsibilities. When in these threatening situations, police officers typically have little to no time to determine the right precaution. These precautions may lead to the death of a suspect or even the officer themselves. The media has recently shed light on police brutality with use of force. Use of force could be defined as the amount of effort an officer must use in order to make an unwilling subject compel. Police officers are usually trained to enable the proper responsible to a dangerous situation they may be put in. In this paper I will go through the guidelines that a police officer must obey when considering a certain degree of use of force. Within each guideline there will be the pro and cons with that situation and also a recent case that happened. This paper will also talk about how this topic can be addressed more properly. These guidelines that officer are taught during their training are called Use of Force Continuum.
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 is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
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 use of force can be described as being the "amount of effort required by police to compel compliance by an unwilling subject.”(nij.gov, p.1) The stages of force police use are simple verbal and physical restraint, less lethal force and lethal force. Police officers are encouraged to use only enough force necessary to control a situation, arrest the person, or protect themselves or others from harm (p.1). When a situation begins to spiral out of control for the police officers, the next level should be used in order to gain control.
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 use discretion through weighing the costs and benefits of each situation (Wilson, 1968). The helpfulness of their choice is much more important than obeying their duty or moral. Thus, when normal force is explained it is done under the pretense of justifiably. To recap, normal force is simply the force used under police discretion that is neither legally taught nor brutal (Hunt, 1985). Normal force is justified by taking responsibility for their actions, yet denying they were wrong because of situational or abstract events. At other times officers use excuses for normal force and recognize their use of force as inappropriate. They will recall emotional or psychological states as a reason for such inappropriate actions.
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).
A police officer is a law enforcement official whose job is to protect and serve all people, not to ignore racial equality. Because the U.S consists of many different races and ethnic groups, the ongoing conflict between police officers and citizens of color is constantly rising. Although police officers today are no longer allowed to have racial bias, which can be described as, attitudes or stereotype used against individuals of color to define their actions and decisions, officers sometimes abuse their authority going around racial impact tools and policies. This results in citizens viewing it as discrimination and mass criminalization. By changing the way laws and regulations unfairly impact Black and Brown communities can improve the justice
Wilson, J. (1978). Varieties of Police Behavior: The Management of Law and Order in Eight American Communities. American Journal of Sociology, 75(1), 160-162
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,
This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers.