Police Discretion and the Use of Force Essay

Police officers are faced each day with a variety of situation in which they must deal; therefore we should ask ourselves the following questions: Should police officers enforce the law equally in all situations? In what situations should police officers be allowed to not enforce the law? What types of situations would they be required to fully enforce the law? Why does police discretion exist? What are its strengths and weaknesses? And what is the relationship between police discretion and police ethics?

"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)

In this essay a discussion will be explored about the benefits 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?

There are several different types of force. These types of force include verbal commands or persuasion, physical force (unarmed), force using weapons that are non lethal, force that involves using weapons such as the bean bag gun or taser, and lastly, deadly force. All officers have to give way to each force option before last resorting to the use of deadly force, unless of course if the officer is in a life or death situation. This may be the only way to use deadly force in the first and last resort. They have a couple of weapons that they carry in case the need to use them arises. They carry a baton, tasers, handcuffs, guns and they also have police dogs. Some police do follow the guidelines for using force. Others may abuse their authority and not use force properly. It is really only up to the officers to do the right thing. Some cops are great and live to protect our communities while others abuse their authority.

Discretion is not doing as you please. Discretion is bounded by norms. The future of policing as a profession depends upon whether discretion can be put to good use. Two problems impending police professionalization, however, in that there are few uncontroversial areas in police work, than in other professions. Sometimes the public wants no enforcement, and other times they want strict enforcement. Citizens will scream false arrest in the first case, and some groups may file a write of mandamus in the second case.

Racial profiling is used by many Americans in the united states. Blacks, whites and mexicans all use racial profiling. Their profiling is much different then you could say is used by police enforcement today. Minorities are high on the list of racial profiling by police in today 's society. This has caused many issues with minorities and police enforcement relations since police use this as a way of controlling crime rates in many cities. With this paper it will be to show and scrutinize every aspect of consequences of racial profiling with police and individuals such as minorities. To be able to explain and probe racial profiling and the issues that coincide with this issue. I will then provide an explanation with background of what racial profiling means. Then providing research that will show the issue of racial profiling with how it will affect the relations between individuals and law enforcement departments.

Racial profiling is still an ongoing issue that occurs and such an issue has led to many problems for the minority groups of this country. Whether it be African Americans, Indians, Asians, Mexicans, or Muslims, all have faced profiling at some point in time. The problems caused by this controversial subject include the impending distrust between black communities and law enforcement, unfair treatment towards all minorities by law enforcement, verbal and physical abuse of minorities by police officers which can sometimes lead to death, emotional unstableness of the victims whom have faced such a terrible judgement, and the negative impact it has on children of the minority groups.

To the supporters, racial profiling makes perfect sense and is a rational law enforcement strategy (Harris, 2003). Furthermore, supporters do not acknowledge the effects racial profiling has not only on people who belong to these groups, but on the relations between police and the communities they serve. Today policing strategies which center on community policing and racial profiling only alienates people from the police and causes deep seeded mistrust. Failure to acknowledge the racial context of the law and its enforcement will only increase the racial disparities that already exist in all aspects of criminal justice (Johnson, 2003).

Today, police discretion is a very important aspect to the criminal justice field. There are different substances where discretion is not discipline enough or not monitored enough even though having discretion is not always bad. There are still ways to abuse it and today police officers have their own way of using police discretion for different situations. Discretion can be defined as someone having the power or authority to make a decision based on what they feel should be done in a certain situation. Police officers are taught how to handle certain situations according the law. But when the officer is on duty no one is there to make sure that they are making the right decisions that follow the law and according to the law, there are not set guidelines in the law for police discretion which give the police officer an advantage. Discretion is used by police officers when they are facing a decision with a bunch of results that could handle the situation but the officer has control to pick which result they would want to choose.

A major issue that has been at the forefront of the topic of race in America is racial profiling. This practice of targeting individuals based on the individual’s race is not new and has been in use for many many years. However it has recently come to national attention with the killing of unarmed black teenagers by police officers. The issue of racial profiling not only highlights the lack of equality in America but the issue of policemen using excessive force when dealing with criminal activity.

Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line

The use of force, with regards to law enforcements use of it, is a complex topic that should be looked at in all perspectives. There is tension between the police and the community they work for, on whether this is a power that the officers should have or not. There are ambiguous laws that do not give law enforcement offices much guidelines on what is exactly permissible when it comes to force, and all the different situations it could occur. The line that the use of force leis on is often a fine one. It is teetering between excessive force and never being able to enforce the laws. The use of forces is a conversation that is worth having with all the pros and cons that it brings to the discussion board.

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 thought of police discretion as “taboo”. According to http://faculty.ncwc.edu/toconnor/ 205/205lect09.htm, “The attitude of police administrators was that any deviation from accepted procedures was extralegal and probably a source of corruption.

In the United States of America, law enforcement has the ability to make their own judgement, while encountering criminals. Although discretion is at all levels of the police department, law enforcement agencies can easily make unlawful decision. Researchers determined that police officers are prohibited from using offensive language or speaking discourteously, abusing their authority, and using unnecessary force (Carroll, Kovath, & Pereira, 2004). Law enforcement officers are expected to respect their community and ensure that all citizens are kept safe. Some police activity can occur in a private view without supervision from the public, which allow police officers to make a reasonable decision. Police often make quick reaction when it comes

One aspect of the criminal justice system that has been debated for many years is that of police discretion. Police discretion is defined as the ability of a police officer, a prosecutor, a judge, and a jury to exercise a degree of personal decision making in deciding who is going to be charged or punished for a crime and how they are going to be punished. This basically is saying that there are situations when these law enforcement officers have to use their own personal beliefs and make choices coming from their own morals and ethics. The subject of police discretion was discovered in 1956 by the American Bar Foundation and has been an important problem in criminal justice since that time. When it