In this paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use of discretion in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion
Police Discretion Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in which playing fair is more important than winning. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Policing is the most visible part of this: employees on the bottom have more discretion than employees
Police Discretion Police discretion by definition is the power to make decisions of policy and practice. Police have the choice to enforce certain laws and how they will be enforced. “Some law is always or almost always enforced, some is never or almost never enforced, and some is sometimes enforced and sometimes not” (Davis, p.1). Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. Until 1956, people
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
and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today? Police behavior is different across all communities. In fact, how police react to combat crime is affected by the management style of the various police administrators. Also, local
Control of Police Discretion Being a police officer comes with an immense amount of responsibility. Officers play a very important role that encompasses duties concerning the enforcement of laws, keeping order, and preventing crime. Through these obligations officers have to continually interact with the community and are expected to respond to all situations that may arise while on duty. When officers carry out these responsibilities, individuals expect them to have morals, values, and principles
every given situation (textbook, police discretion). For example, if an offender is failing to listen to officer’s commands, the officer has to figure out how he is going respond next. After analyzing the situation he has figure out how amount of force he is going to need to use to safely get the accused into custody (textbook, police discretion). When an officer is deploying the power her or she has, three elements must be considered (textbook, studies police discretion). First the officer looks at
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
Police Discretion and the Ethics of Accepting Gratuities Police officers are often confronted with the ethical dilemma of whether or not to accept gratuities. This dilemma is an aspect of police discretion and an example of the choices that officers are forced to make. Police officers have discretion when confronted with choices such as whether or not to charge an individual, how to handle certain situations, or whether to accept a gratuity. This purpose of this article is to inform readers
The term discretion has several meanings the liberty to decide what should be done in a specific circumstance is one general universal definition. But when dealing with criminal justice and police work the description changes a bit. The criminal justice definition of discretion is Police discretion discusses the authority given to a police officer that allows him or her to decide how to best handle a certain situation. This is designed at increasing the flexibility of the criminal justice system
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary
¬ Police Discretion and its effects in the Juvenile Justice System Stephanie E. Guzman Juvenile Law and Procedure Ron Reid May 15, 2016 Abstract Police discretion plays a major role in the criminal justice system. Police officers are faced with having to use their own beliefs to act upon situations they are faced with. In 1956 police discretion was discovered by the American Bar Association and since then it has been an important problem in the criminal justice system
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. Discretion is defined by Pollock (2010) as, “having the authority to choose between two or more courses of behavior. Law enforcement professionals
Discretion 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
“Discretion is the perfection of reason, and a guide to us, in all the duties of life” (Jean de La Bruyère, n.d), this quote epitomises the use of discretion in life moreover in policing. Police discretion is a constant consideration within the law enforcement. Many people are of the view that police discretion is both an essential part of policing as well as a constant source of issues. There has been a constant quandary between enforcing the law to the latter. Police officers are faced with a vast
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. Normal force is distinct from legal
Every day police must make important decision within society. Decision making encompasses whether to enforce the law or not to enforce the law in certain circumstances. One can observe discretion is situations pertaining to traffic violation or those as a result of a minor or private offence. One may have experienced this when an officer decided to provide a warning instead of issuing a speeding ticket. In certain circumstances, officers consider many variables when exercising their discretionary
the level of police discretion used on duty. It aims to understand when it is appropriate for police to use discretion as well as given reasons for abusing their decisions. It focuses on issues with police discretion maintaining the responsibility to be ethical such as racial profiling, socioeconomic status and excessive force. Although police discretion can have positive factors, it also difficult to determine whether it is fair for police to make a decision during situations. Police officers are
Thesis Statement: police discretion is the framework for promoting justice in police-citizen interactions in the traffic sector. Police officers face a myriad of challenges in their line of duty. Most cases necessitate sound decisions to settle disputes amicably. When they apply discretion in an incoherent manner, they may end up abusing human rights. Therefore, they apply it when dealing with legal sanctions such as making arrests, giving out a ticket and stopping the offending party. Miller
Police officers often encounter situations where the decision to use discretion challenges the way and the type of job that officers would normally conduct. Each day an officer is on the job, discretion when it comes to job duties appears, sometimes without any warning. Officers constantly struggle with the appearance of discretion, and often times do not know how to handle the situation when it does appear. Discretion may take many different forms in the job duties, but it always involves the officer