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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.
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Coalition to Stop Gun Violence. (2011). Shoot First Law. CTSGV Web. 26 April 2015.
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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/
How prevalent is police discretion and why does it exist? Can discretion be eliminated? Should it be? Due Date March 11 2005
While on the job, police must put all their personal opinions aside. They must provide everyone with an equal and fair chance. It is important in a democratic society for police to not know too much about the community they are policing. It allows them to ...
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
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.
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 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).
“But they didn't have to beat me this bad. I don't know what I did to be beat up." Rodney King, March 3, 1991. Police Brutality has been a long lasting problem in the United States since at least 1903 when police Captain Williams of the New York Police Department said the phrase, "There is more law at the end of a policeman's nightstick than in a decision of the Supreme Court." In the 1920's the Wichersham Commission had a number of instances of police brutality. Many of these included the use of the "third degree" (beating to obtain a confession). This is a very effective way to get a confession out of somebody. However, beating the accused could easily elicit a confession from a scared and innocent person. Also, this puts the accused person's life in danger. Police officers must make snap life and death decisions daily. Officers' work in an environment where death (theirs, their partners, and an innocent or guilty person) is one decision away. How does that constant fear effect an officer's perception? Unfortunately, many that are attracted to law enforcement are aggressive and prone towards violence as a solution. Police officers have a lot of power. With this power comes responsibility. Police brutality can be defined as the excessive or unreasonable use of force in dealing with citizens, suspects and offenders.
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.
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).
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...
Police discretion is defined as an authority given to police officers to make judgment calls, as to whether or not they will follow policing statues, or allow someone to leave with a warning. According to the text, discretion occurs at every level of decision making within the criminal justice process, and how it is used can affect other components within the system.
These outcomes are determined by the community and states. At times the community supports the police officers and at times they do not which that also depends on the state and the budgeting. The police discretion can also be limited depending on economic hardship, social services agencies for youth. Another important part that plays an important role in discretion would be changes in political climate and public
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
So much is to be said about law enforcement and the discretion that is needed to maintain good order, impeccable judgment, and discipline within the ranks. Discretion is a topic that varies from person to person and institution to institution; it holds many different meanings and can be used negatively if sound judgment is not exhibited.
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).