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What is police discretion and how does it relate to ethical choice
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Question #1: “Please define police discretion and abuse of police power. Explain the difference(s).
- Police Discretion: Police discretion is a fairly broad term used for the measurement in which an officer interprets criminal intent from a person potentially running into troubles with the Law. Police discretion is what’s referred to when talking about the process of seeking the most effective level of justice necessary to calm a dispute/situation.
- The abuse of police power on the other hand differs. Abusing power within the force means that the officer is mistreating their level of authority by taking things out of proportion and using excessive force. The proper ways to resolve an incident or crisis are not properly taken into consideration. The use of the “one-up” method to control a potentially hazardous situation (when necessary) is skipped, and the officer abuses their power and authority over individuals. Whether verbally mistreating people, showing bias or discrimination, or use of physical force/extreme use of police gadgets and instruments. It is officials like these in which use an over exaggerated use of force when seeking control over a situation, and typically these types of officials in which give society
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Positive ways include that specific frames/pillars of equality tend to be better used in particular situations in comparison to each other. It truthfully depends on interpretation to an extent, such as which people lean towards favoring. There are many expectations to follow a specific set of duties as an officer, and it isn’t always black and white when it comes to the quick decisions in which they must make at different moments. The more effort in which an official puts towards police discretion and less into extreme use of force, the smoother that society runs, knowing that the officers are doing their job safely for both the offender and the
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.
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.
Undoubtedly race and ethnicity plays a key role in whether perceptions of law enforcement is positive or negative. Most of the research presented finds that police contact with white’s vs blacks shapes their attitudes. Although contact with police plays a role, it is not the only component. Perceptions of police not only come from contact with police officers but from hearsay and media portrayal. As stated by (Callanan & Rosenberger, 2011) “most citizens are probably not likely to establish their opinions of law enforcement solely based on an occasional encounter, but also from other sources of information about the police, which for most members of the public is chiefly derived from the media.” Also, minorities are more likely than whites to believe that minorities are treated worse by police, and minority communities receive inferior police services (Graziano, Schuck & Martin 2010).
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 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.
Officers abusing their power can range from taking bribes, choosing who they decide to let go and who to prosecute, and even abusing their power by molestation. In July of 2009 two Phoenix police officers lost their jobs after they stopped a bikini clad woman who had run from a rear end collision. The officers handcuffed her, drove her back to the accident scene to complete the paper work, and then drove her to elementary school where they knew that they would be alone. When they reached the school one of them fondled her breasts, abdomen, and buttocks while the other one watched and did nothing to help he...
Early in the 17th century was when the first modern day policing was expected to have begun. Ever since the 18th century begun, incidences of police using excess force by abusing their power have been quite common. As time progressed, these wrongful actions by police have been entitled as police brutality. Police brutality is defined as" the use of excessive force used by police dealing with public... excessive force can be either physical, verbal, and/or psychological". According to this definition, whether it be arresting someone with too much force or even uttering certain statements, can all be classified as police brutality. No individual should be victimized by police officers who use excess force that in no way deters crimes. It does nothing but bring a dire unjust society in which innocent people can feel afraid; and give those officers who are correctly doing their duties a bad reputation. Due to the dispensable, unscrupulous nature of police brutality; several measures including disciplining police officers, stricter laws(and stringent penalties), integration, as well as educating the general public about their rights, must be applied in order to extirpate the misconduct citizens should not have to face.
The use of excessive force may or may not be a large predicament, but should be viewed by both the police and the community. Police brutality is hypocrisy as the police are meant to protect society from harm, not cause further damage and stress. Police should be trained properly so they do not resort to violence and abuse of power. Many cases of police brutality are not sanctioned and are undertaken by a group of police as a form of "mob mentality". Police are placed on a pedestal of authority and respect by the rest of society.
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
Police discretion is given to officers to use their individual judgment concerning decisions that they must make throughout their career. Police Officers use police discretion to deal with people who may or may not have committed a crime. Citizens wondered if officers treat every situation equally. Police officers in the United States should enforce the law equally in all situations. There are a lot of situations that require officers to fully enforce the law.
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.
Use of Force Law enforcement officers play an important role within the jurisdiction they work for because they take an oath to protect individual’s rights and freedoms, prevent crimes, and maintain the public order. It is essential to have strong and highly responsible police agencies because without them it will be difficult for society to function properly. Police officers across the United States are granted powers and authority, which allow them reasonable use of force. Officers are trained to use different levels of force that is taken at the discretion of the officer because every situation is different. Those who use reasonable force to diffuse a sistuation in the correct manner are eligible for qualified immunity.
3) Police discretion is an official action by a criminal justice official based on that individual’s judgment about the best course of action. This is not limited to patrol officers deciding whether or not to arrest someone, but is used by officers at all different ranks in making discretionary decisions about a wide range of actions. Even though all these officers use discretion, the lowest ranking employees, the patrol officers, exercise the greatest amount of it. The significance of the concept police discretion is that it decreases as you move up the organizational hierarchy, unlike most organizations where the crucial decisions are made at the top of the organization, here they are made at the bottom. Patrol officers have been described
Gul, Zakir, Hakan Hekim, and Ramazan Terkesil. “Controlling Police (Excessive) Force: The American Case.” International Journal of Human Sciences 10.2 (2013): 285-303. Academic Search Premier. Web. 12 Mar. 2014.
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.