Discretion is the decision making power that police officers may have at a crime scene. As stated in the excerpt read, after he learns the facts he will know what course of action to take to meet the needs of the people. Sometimes that means not following procedures. If the officer followers procedures exactly, the people may not be helped fully which can be frustrating. If the officer follows their own judgement, they are taking a risk.
Delattre discusses discretion in chapter 5, for he writes that judgment and rules, respect for limits, policies and laws, force and deadly force, and anticipation and planning, which shape and or create individual discretion. Delattre says that, discretion is allowed, because there are too many variables in situations and regulations can’t dictate what to do every time. Good policies only set boundaries for discretion, though the chief or commanding officers, also can set boundaries on policies to enforce more or less. Policies can’t be fully enforced, so there needs to be discretion concerning what policies are more enforced based on factors such as, limited resources and manpower. Though policies can make discretion good or bad, depending
First, to know how anything works, there has to be an understanding of what it is. Discretion is simply defined as “the availability of a choice of options or actions on can take in a situation” (Dempsey, J. & Frost, L., 2014, p. 140). It is an officer making a decision
As a result of the recent rise of the use of excessive force cases against police and law enforcement, I have chosen to research the definition of that excessive force. When is it considered justifiable? What training do officers receive? What liability issues are there? In an ABC news article, Sascha Segan states there is no specific definition of excessive force. A part of everyday police work is to subdue criminal and suspects. Another everyday task of police officers is personal discretion - making the right decision based on the specific situation. It has been documented in multiple viral videos that law enforcement officer’s discretion is not always favorable in the public eye and is quick to be judged. Yet shouldn’t we be asking if the officer’s actions were justifiable within the court system and if
Discretion is usually described as a choice of options or actions one can take in a situation. People exercise discretion everyday. Discretion is like when you want to watch a movie and you are contemplating whether you want to watch a scary movie or a comedy movie. Discretion involves making a judgment and a decision. Although everyone experiences discretion, not everyone makes the same choices or decisions when it comes to discretion.
“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.
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.
Discretion of a police officer is the subject I would like to tackle. In this paper I will discuss the issues I have with the discretion, the problems with these discretions I have, and how some officers may use discretion to their advantage. By the conclusion of the paper the reader will be educated on the subject of discretion and the issues facing it.
There is much debate on police authority concerning juvenile offenders in comparison with adult offenders. Police are often referred to as "the gatekeepers ." In the case of juveniles, the role of the police officer is important because a young person 's attitudes and views of law enforcement are shaped upon their first encounter with law enforcement, dependent on the outcome of the encounter. In fact, the police begin the criminal justice process within the decision making process of discretion about how to handle a case with juvenile involvement. Our text states that "Most youths appear to have positive attitude toward the police," however, "juveniles who have not had contact with the police are more positive than those who have had police
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 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
There are several ethical issues that surround police corruption and discretion. Police corruption is defined as police misconduct. This occurs when police officers break their social contract by abusing their authority for personal advantages, department advances, or both. According to social contract theory, police officers are obligated to follow the code of ethics and moral standards of the criminal justice system. Police discretion is defined as the power to make decisions as to whether or not to follow police procedure and protocol, or give someone a