Abstract
This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers.
Most people confuse police authority with police power. What are police authority and or police power? Souryal, (2007), stated, “That Authority is the right to control the behavior of others within legally determined parameter. These include constitutional and professional limitations, which are designed to resolve conflicts in an orderly fashion. Authority stems from the practitioner’s official position and applies only to the territory or jurisdiction to which he or she is assigned. The limits of authority are usually stated in penal codes, the codes of criminal procedures, agency rules and regulations, training manuals, and often in codes of ethics. Authority applies to the handing of standard cases because, contrary to popular belief, criminal practitioners encounter more similar situations than dissimilar situations”.
Police Power on the hand is different, Souryal (2007) states,” Power is the means of controlling the behavior of others beyond the standards of authority. Its purpose is not to punish or to discriminate, but to protect one’s safety (or the safety of others) when necessary or to reinforce authority in conventional cases. Power is a legitimate means of exercising responsibility when it degree murder to minor ethical violations”.
Power can go from hands on contact to figuratively speaking, such as beating a prisoner while incarcerated, or not paying any attention...
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... they are very cautious. This is what causes many officers to turn to tainted evidence. They get careless and then try to clean up some of their mistakes. With officers being in a powerful position they sometimes, it works but sometimes it does not. When it does not, there are their consequences officers have to pay. Consequences such as; being demoted, fired, suspension, and sometimes even prison depending on the nature of the crime committed by the officer.
References
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Crime is a part of society encompases the news and the public. A variety of studies of media content have estimated that as much as 25 percent of the daily news is devoted to crime (Surette 1992) and that crime is the largest major category of stories in the print and electronic media (Chermak 1994, 103). (Lawrence 18). With crime at an all time high, police are constantly having to deal with more and more issues. This can lead to stressed out and fed up officers, which can lead to poor decisions by an officer. The use of force by police is a highly controversial topic as it raises questions about a government’s ability to use force against its citizens (Lawrence 19). Today’s society is caught up on the ideals of civility and equality before the law, making police use of force a touchy
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.
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 ...
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Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Pollock, J. M. (2012). Crime & justice in America: An introduction to criminal justice (2nd ed.). Waltham, MA, USA: Anderson Publishing (Elsevier).
The focus is on the issues of police accountability in modern society, and in particular why their accountability is more important than other professions. This is not surprising considering the amount of power and discretion police officers have, and the level of trust that the public holds with these civil servants. Police officers accountability is the biggest thing in their profession which has been an issue of concern they have to be accountable to the police department who want the officer to be an effective and responsible person, to people in the community who have best expectation from an officer and being accountable to themselves for their acts. An ordinary citizen of a country cannot obtain the powers that police officer’s have.
They go out every day, putting their lives on the line so the rest of us can live with the knowledge that we are safe. They have no idea if the person they pull over for speeding has a warrant out for their arrest, and is prepared to do anything to avoid getting caught. Officers, agents, and others in the law enforcement community are people, just like you and me. People make mistakes every single day. Just because someone is wearing a badge does not mean they are perfect, but it does mean they must be held to a standard higher than most. Overall, however, members of law enforcement worldwide deserve our thanks, trust, and, above all, respect. The media, especially in America, almost never reports the good, just the bad. Cops do amazing, heroic, selfless things all the time, but all we hear about is when they make an error in judgement or procedure. People rely on and love law enforcement when they need them, but can easily demonize and criticize them at the drop of a hat. This is simply not fair, but it is sadly the truth. If it can be proven and shown that a member of law enforcement has abused their power, then they have the right to a fair trial and should face justice, the same rights afforded to all citizens, as guaranteed in the Constitution. We must be careful, though, to always remember the sacrifices, bravery, and humanity of every person who is willing to put their life on the line to protect the rest of
The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers
Criminal Justice professionals are in positions of power and exercise power and authority over others. Therefore, it is important for them to study ethics because they must be aware of the ethical standards needed in making critical decisions involving discretion, force, and due process. It is also a fact that criminal justice professionals who exercise power and authority over others can be tempted to abuse their powers.