Every day police must make important decision within society. Decision making encompasses whether to enforce the law or not to enforce the law in certain circumstances. One can observe discretion is situations pertaining to traffic violation or those as a result of a minor or private offence. One may have experienced this when an officer decided to provide a warning instead of issuing a speeding ticket. In certain circumstances, officers consider many variables when exercising their discretionary decision. Such decision may include but are not limited to offender’s demeanor, age, economic status, race, gender, or maybe even an offender’s health. Situational variables can also influence an officer’s decision on the basis of the seriousness of the crime, …show more content…
In some cities, there are community service programs that allow officers to refer offender instead of using the arrest option. This may result in private matters where the officer refers a couple to counseling. Depending on the situation and the nature of the offense, an officer may decide providing a ticket or an arrest is more appropriate. In light of this, one of the most important advantages is it provides officer a chance to give people a second change and treat people with dignity, which in turn, increases public perception that the police are fair. If the police were to follow the law in every detail, the criminal justice system would be even more overcrowded than it is already. Although, discretion is controlled in most situations, the discretionary powers they do hold allow officer to feel as though they are making a difference when they can decide what would be the most positive and fair outcome in minor offenses. On the other hand, when used improperly, it results in unethical and discriminatory practices. Police officers are held to very high standard and ethics, and are not above the law or have the right to abuse the rights of
Decision Making – Police officers have considerable decision making powers at their own discretion. This is true for low ranki...
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
In this essay, I will examine the ethical issues surrounding police corruption and discretion in the criminal justice system. I will also define legality and equity and how they relate to police corruption and discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years. Police corruption weakens the public 's confidence in law enforcement officers. It also hinders the effectiveness of law enforcement officers whose job is to serve and protect. I will also define police corruption and discretion and the reasons behind police misconduct.
Crime is a part of society encompases the news and the public. A variety of studies of media content have estimated that as much as 25 percent of the daily news is devoted to crime (Surette 1992) and that crime is the largest major category of stories in the print and electronic media (Chermak 1994, 103). (Lawrence 18). With crime at an all time high, police are constantly having to deal with more and more issues. This can lead to stressed out and fed up officers, which can lead to poor decisions by an officer. The use of force by police is a highly controversial topic as it raises questions about a government’s ability to use force against its citizens (Lawrence 19). Today’s society is caught up on the ideals of civility and equality before the law, making police use of force a touchy
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.
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).
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.
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
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...
Community policing allows officers to be actively involved on the streets alongside the community. Their focus is not only to solve crimes but to interact with the people in their neighborhood, establish a rapport with them. This initiative has gained popularity within recent years as the police and leaders of the community pursue more significant ways to promote public safety and to enrich the quality of life of their community members. The police and the citizens often come in contact with each other for a multitude of reasons other than criminal purposes. Police officers often engage in community service by providing an abundance of information for those in need, and they offer educational services at schools and outreach
This can cause trouble to the officer that made a certain choice, mainly if the police officer made a choice to allow perpetrator to go their way rather than having to write them a summons or even arrest them. A person’s discretion can be affected by the results, say for instance that same perpetrator harms someone and it was brought to the attention of others that he or she could have been in police custody and that an incident could have been stopped if proactive policing was used. Discretion is not always a good choice because it can bring about horrible outcomes which puts the officer’s discretion at stakes and can potentially be harmful to other, while on the other hand, the police officer could have just protected someone from entering or re-entering the criminal justice
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).