In law enforcement, every officer is responsible for their actions and whether or not to make an arrest when detaining an individual committing an offense. Whenever an officer stops someone they always run the risk of it turning into a dangerous situation. Sometimes when a situation is heated and in the moment, they have to make an immediate decision. Police officers have a responsibility to preserve the peace and make sure everyone comes out of the situation in the best way possible. The use of discretion involves using judgement, which officers are expected to have. Police officers are expected to enforce the law, but if they went after everyone that broke the law they would end up being overwhelmed and exhausted. Discretion is beneficial to officers when they …show more content…
Once someone goes into the system, it is hard for them to get out. Once they are in the system, it will be a cycle that never ends, they are stuck in a loop going in and out of the system. Having someone go through that does not help them or society because they will continue committing crimes. The individual now has a record making it hard to find employment and provide for themselves upon release, which leads them to committing deviant acts in order to provide for themselves or for their family. People feel like they have no other choice but to go back to what they were doing before they were arrested. Remembering that an officer gave them a second chance may deter people from committing any future crimes, and may even end up having more respect for law enforcement. There are many stereotypes involving police officers, using discretion can help fight the stereotypes and help the community feel a sense of safety and trust with police officers. Individuals may even cooperate with police officers in order to prevent crime in their communities, it all begins with building a foundation of trust and
In my opinion police are officers are not allowed too much discretion. Just as citizens can decide to obey the laws or not, police agencies and their officers can decide which offenses to actively seek to control and which offenses to simply ignore, which services to provide and what level. The ability to use discretion is, indeed, a vital element of contemporary American policing. The police have so many duties to perform and such limited resources that good judgment must be exercised in when, where, and how they enforce the law. The less serious a crime is to the public, the less pressure is placed on the police for enforcement. Police discretion is frequently at the center of issues involving discrimination, racial profiling, use of force and pursuit. (Page 397-399)
discretion” is one that allows a police officer to make a judgment call during several
In a sense police discretion is pretty much up to the officers to decide how much of the law will be applied based on how serious they think the crime is in the situation. It tends to show officers are reasoning kind people whose judgment is very important when it comes to who gets arrested for a crime and who doesn’t even if the offender and the evidence is there in plain sight like catching someone with a small bag of weed and just taking it away and letting them go. Another example would be busting down a college party and catching teens underage drinking and not arresting them and charging them with disorderly conduct and just simply allowing them to go home.
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.
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.
“Discretion is the availability of a choice of options or actions one can take in a situation” (Dempsey 143). Discretion is a huge part of being a police officer because you come across problems that give you many options to choose from and as an officer you must be ready to make a quick choice. Police officer must face tough choices that involve a small amount of thinking and can put their lives at risk. Discretion is not only used by officers but by every living person that has to make everyday choices, such as waking up for school or not waking up. Problems we see today concerning excessive force from police can be because of bad discretion and that can be because they’re afraid or just they just simply don’t care.
Police officers are seen under a microscope for everyone to see, all flaws in its entirety. We also have the media that makes things seem much more than they actually are. There are times where police officers are in the wrong and sometimes are in the right. It is up to everyone to make sure to research and look at all the facts before assuming one thing to make sure they are making the right judgment. Any discretionary faults can be remedied through counseling to emphasize the importance of decision making (Noble, 2013, p. 8). This also applies to officers who come into contact with civilians on a daily basis for most common traffic infractions to better understand decision making.
Police discretion. Police discretion is defined as the decision-making power afforded to Police Officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. Police discretion can be also defined as the individual’s ability to make a decision based on the principle of courses in the actions. Police officers are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision. In other words, police discretion is the choice the officer has on how he or she enforces the law. Discretion in law enforcement includes whom to arrest, whom to investigate, whom to talk to, and whom to interview (Pollock, 2014). Use of discretion
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.
This requires the officer to evaluate situations that they are confronted with on a daily basis and choose how they are going to react in every given situation (textbook, police discretion). For example, if an offender is failing to listen to officer’s commands, the officer has to figure out how he is going respond next. After analyzing the situation he has figure out how amount of force he is going to need to use to safely get the accused into custody (textbook, police discretion). When an officer is deploying the power her or she has, three elements must be considered (textbook, studies police discretion). First the officer looks at the offence and how sever it is (textbook, studies police discretion). The heftier the crime the higher the chances are that the officer will use his authority and take action (textbook, studies police discretion). For example greater force will be used if an individual is committing an offence, which is endangering the public. Second, the officer looks at how to individual is acting in the situation (textbook, studies police discretion). If the accused is under the influence or if he is
Law enforcement officers do not only se laws when it comes to making decisions. They also se police discretion when it comes to doing their jobs. To understand police discretion, we have to understand what it is, how and why it is used, and what factors influence it. Though upholding the law is an essential part of being a police officer, there is also a human aspect that must be taken into account. The law alone is not the only resource police officers use when doing their jobs.
Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly yet appropriately. They have the power to infringe upon any citizen's rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997:295) argues that it is generally accepted that police should be allowed to use force. He also explains that there is an uncertainty among people as to what constitutes excessive force. The line between what is necessary and what is extreme is very thin. Use of force is no doubt one important aspect in policing; however, force should also be used with great discretion. If officers do not use force on every suspect they encounter they may be creating a negative environment for the community.
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...
Consider for once how lucky one is for not having the physical appearance of a criminal, and even tough such thing does not exist, America 's Police Department seem to have a pretty good idea of what a criminal should look like. As Benjamin Spock once said: "Most middle-class whites have no idea what it feels like to be subjected to police who are routinely suspicious, rude, belligerent, and brutal.” Thus, unfortunately, being victim of police 's power abuse is a reality that many people have been suffering from in the past years. The abuse of power by police officers is a known fact, and the government should address it by improving the selection processes of new officers, increasing monitorship, and implementing punishments.
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).