CRJ 104 Writing Assignment #2 The citizens of the United States gives a lot of power and authority to the police as part of the social contract. So in other words, we give up some of our freedom in exchange for protection and order from the government in order to live in a greater society. This is true when we give power to the police so they can protect us. According to the book, “police discretion is the authority that police officers have to use their individual judgements concerning decisions that they must make on a daily basis” (Aberle 116). In society, police discretion is almost universally accepted so that they can make decisions based on their training, background, experience, etc. This concept exists because police will have to …show more content…
However, just like there are two sides to every coin, police discretion does have its strengths and weaknesses. For strengths, police discretion is great when trying to break up a bad situation like bar fights or domestic violence in a home. In many police departments in America, there isn’t any direct supervision, so police officers …show more content…
Sometimes depending on an officer’s discretion, citizens in society can be beneficial of this too. An example would be if someone ran a red light and an officer pulled them over. If it didn’t cause any accidents or was a threat to society, an officer may have the discretion to just issue a warning. On the flip side, there are some weaknesses to police having discretion. In modern society, there has been lots of news about the police using their discretion in the wrong way. To be more specific, in the last couple of years there have been many cases of police killing members of the black community using their discretion. Sometimes police use their discretion and think they got it correct, but sometimes they are dead wrong. My second example is an article from the NY Times about how the police fired at an armed suspect, but hit bystanders too. While they did shot and kill the suspect, their bullets also hit an old retiree and mother, who had an 18-month old child. The mother later filed a lawsuit against the police department, saying they showed negligence towards her and the rest of the people. My point is that while the police may have not been at total fault, their
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
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
“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.
The situation in which a police officer apprehends a suspect can influence the officer’s decision on how to proceed. In fact situational variables are considered to be the most influential factor on an officer’s use of discretion (Goff, 2011, p. 184). Rudy listed of some situational factors that can affect a person’s discretion such as “possible educational experience, suspect attitude, community support, policies, and whether or not an officer has filled their ticket quota for the month”
This day in age discretion is an enormous deal in the scope of criminal justice, whether more discretion is being granted, or more is being taken away from the system as a whole, it is a massive topic to be discussed. Discretion is defined as the power or right to decide or act according to one’s own judgement in a given situation (“Discretion” n.d). Today I am going to tell you about discretion in three different ways, firstly I will explain the use of discretion in policing, then I will explain how discretion is used or not used in courts and sentencing, and finally I will tell you why I feel discretion is an necessary part of our criminal justice system here in the United States of America.
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.
Officers are able to use discretion in many situations that their morals would guide them in. They have the right to pull a person over with probable cause or a violation and they can choose whether to give them a ticket, a warning, or nothing, depending on the situation.
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.
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
Police corruption and misconduct come apparent in many different forms. A basic definition for police corruption is, when an officer gets involved in offenses where the officer uses his or her position, by act or omission, to obtain improper financial benefit. The main reason for such corruption is typically for personal gain, such as bribery. Police abuse of authority occurs in three different general areas such as physical abuse, psychological abuse, and legal abuse. Physical abuse is such abuse where one uses excessive force or physical harassment. The psychological abuse occurs through disrespect, harassment, ridicule, excessive stops, or intimidation. Finally, legal abuse is abuse that occurs during unlawful search and seizure or manufacturing evidence (Pollock, 2012). One source describes police corruption in eight different ways. They include: corruption of authority, kickbacks, opportunistic theft, shakedowns, protection of illegal acts, the fix, direct criminal acts, and internal payoffs (Roebuck & Barker, 1974).
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.
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).