There are many controversial issues related to policing. One that sticks out is police discretion. Police Discretion is the exercise of individual choices or judgments that police officers have concerning possible courses of action (Cox, p. 227). Saying that police Discretion needs to be abolished is an unrealistic goal, but better supervision of patrol officers and better departments policies and procedures on the use of discretion is something that we can try to achieve. Police discretion is usually more seen in minor crimes (Ross, p. 98). Minor crimes that are included are seat belt violations, open intoxication, speeding, running a stop sign or red light, and etc. (Ross, p. 96). There are many arguments against the use of discretion in law enforcement. Officers abuse the power of police discretion which can lead to a greater threat in police corrupt. Another is that police officers also only concentrate on going after people of certain ethnicity’s or being bias about a certain crime. A final argument is that there is no uniformed manual to ensure that consistency across the board is achieved. Some people would say that there are plus sides of police discretion. One is that it allows officers the flexibility to handle each situation in a manner that best fits its individual needs. Another argument in favor is that it promotes job satisfactions. Even though there are some good sides to it, it does not out way the negatives. This paper will explain why it needs to be addressed more and corrshow studies and examples of why.
A big argument against police discretion is that it allows officers to abuse it which can lead to a greater threat in police corrupt. Some people say that cops don’t have the slightest idea what could be ...
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...d to do something about the consistency and teaching how far to take it and in certain situations. Also, help officers during training with situations dealing with different ethnicity, social class, and race, because this is where police discretion is used a lot. Watching the video in class we learned that police officers are more likely to arrest someone or charge someone with a crime if they have a different race or if they think the area they are in is a high crime area, some automatically assume that they are doing something they are not supposed to be doing or committing a crime. The zero tolerance policy that was stated above shows that with that it is making progress, I believe that should be used more an With better training and good and better department policies I think that the problem on police discrimination can be better handled and better achieved.
Over the years, our nation has witnessed countless cases of police brutality. It has developed into a controversial topic between communities. For instance, deindustrialization is the removal or reduction of manufacturing capability or activity can lead to more crimes when people are laid off. Police officers are faced with many threatening situations day-to-day gripping them to make split second decisions; either to expect the worst or hope for the best. The police are given the authority to take any citizen away for their action that can ruin their lives. With that kind of power comes great responsibility, which is one main concern with the amount of discretion officers have is when to use lethal force. The use of excessive force might or
In order to diminish police brutality, excessive force, and prejudice behaviors in the police officers, several actions must be set in motion. The police hiring process, training, in-field monitoring, and disciplinary actions must be adjusted to eliminate discriminatory actions against citizens. Likewise, it is a necessity for citizens to be informed of their rights, civil liberties, and how they can resolve corruption within the justice system. These actions seek to shrink the number of minorities who are racial profiled and brutalized by police officers. A more stringent hiring process, it will help curtail unethical and unprofessional police officers. Police training must be altered so that situations are handled safely and impartial. In-field monitoring with eliminate police officers from managing to catch police officers who brutality handle citizens. Disciplinary actions help to prosecute police officers to break the law. Lastly, if citizen are informed of what they should about corrupt police officers and a poor justice systems.
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 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.
Police reform should start by giving proper training to the new recruits and veterans in the force. During their training, “Law enforcement agencies should adopt and enforce policies prohibiting discrimination based on race, ethnicity immigration status, etc.” (Cops, p.90). It is apparent
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.
The best approach would be to effectively review and evaluate the record that show bias within police departments. By clarifying policies and using racial impact tools such as the one in Seattle, where they ended the use of criminal background checks in employment decisions because of the unfair impact it had on men of different races, will help end the mass criminalization (RSJI). Police officers already undertake a number of training that train them not only to protect and enforce the law, but to obey the laws themselves. Officials and staff should receive trainings on various forms of racism or racial inequity and then having to go through a community view board to insure that these officers are practicing racial equality. These partners should be involved at all steps of the process, including creating a common language, assessing racial impact, and developing remedies to racially unequal policies. (Policy
Reiss, A, Jr. (1984). Consequences of Compliance and Deterrence Models of Law Enforcement for the Exercise of Police Discretion. Law and Contemporary Problems, 47(4), 83-122.
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
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.
Within our police system in America, there are gaps and loopholes that give leeway to police officials who either abuse the authority given to them or do not represent the ethical standards that they are expected to live up to by society. Because of the nature of police work, there is a potential for deterioration of these ethical and moral standards through deviance, misconduct, corruption, and favoritism. Although these standards are set in place, many police officers are not held accountable for their actions and can easily get by with the mistreatment of others because of their career title. While not every police abuses his or her power, the increasingly large percentage that do present a problem that must be recognized by the public as well as those in charge of police departments throughout our country. Police officials are abusing their power and authority through three types of misconduct known as malfeasance, misfeasance, and nonfeasance and these types are being overlooked by management personnel who rarely intervene even though they know what is happening. Misconduct is wrong because it violates rights and causes people to be wrongly accused of crimes or be found not guilty and set free when they are still an endangerment to other people. The public needs to be educated on what is happening in the police system in hopes that someone will speak out to protect citizens from being violated by police officers.
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 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).