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Pros and cons for police discretion
Pros and cons for police discretion
Violations under the Code of Ethics in Law Enforcement
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Law enforcement faces ethical decisions on a daily basis due to their responsibilities in protecting its citizens. The decisions they make affect the views of society towards police departments. With the use of police discretion, officers include various criteria in making those decisions. Control mechanisms contribute to the enforcement of laws that constantly change, directly changing an officers discretion in situations where decision making plays an intricately significant role. Police discretion is the main focal point regarding social media, especially with the use of force, deadly force, altercations resulting in death of a civilian. With police discretion, it is important for decision making because most controversial decisions are
In society we will always faces ethical and unethical choices. There are time when we cannot always chose the ethical approach. Other decisions primarily only affect us as individuals. However, when you are in the public eye such as police officer your decisions affect others. In this paper the discussion will be based on the Kansas City case study.
Decision Making – Police officers have considerable decision making powers at their own discretion. This is true for low ranki...
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 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.
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 ...
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.
Police ethics are extremely important because ethics are the typical of “fair and honest conduct” (pg 460). People may have a different definition of what is fair and what is honest, and there are different circumstances where officers may not be able to be honest; such as covert investigations. Society in general determines what our ethical standards and moral principles are. Individual morals vary among all of us as they are what we as an individual consider to be right or wrong. We also have morals that are set by society. These are what we as a society consider to be right or wrong and may go hand in hand with individual morals. Morals change as society and people change, therefore we as a country have to adapt to what the changing morals 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 Critical Assessment In defining police ethics, ethical policing and police ethics are not synonymous or interchangeable connotations to or for one another. Aside from establishing a police role independently from establishing any definition of ethics or police ethics, the semantics tend to complicate the defining process. Some of these complications include, but are not limited to, sociological aspects, psychological conditions, or philosophical reasoning. Examples of sociological complications include historical, political, cultural, or economic aspects. Some psychological examples include one’s ability to discern sociological implications from other implications; namely, the condition of post-traumatic stress disorder, hydrophobia, or even weary dreams. Lastly,
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 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...
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
Discretion is a strong, and unpredictable tool that police use to demonstrate their power to maintain social orders in the community. It allows police officers to show authoritative powers to eliminate an individual’s freedom. The process enhances the way the police will be able to control all the crimes that happens within the society. It is an important process and therefore highly recommended in every community. The main aim of this work will be to investigate the process of discretion, the positive impacts it has in the society, and the effects it might have if it is abused.
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).