Essay on Proper Use of Police Discretion

Everyday police officers are faced with two difficult decision to make. Whether to intervene in the situation and how to intervene when they observe something suspicious or illegal happening. Police discretion is defined as having the power to make decision, and choosing how to respond to a given situation depending on the circumstances. Even though, there are law in place it is still up to a police officer own discretion. Ultimately, police officers have the choice to enforce the law and how to carry it out in public. In the text book “Policing America” by Ken Peak he states that there are two criminal law in discretion. “the formality and the reality. The formality is found in the statute books and opinions of appellate courts; the reality is found in the practices of enforcement officers” (82). He also, demonstrate when should each criminal law be use. However, there are negative and positive aspects of police discretion. Also, there are pros and cons of allowing patrol officers to make discretionary decisions.

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?

The police are our nation’s most visible law enforcement entity. We see them driving and walking our streets every day. They are responsible for the safety and well-being of the people. In some instances, they have to make life altering decisions in a blink of an eye. Because circumstances are always changing, police officers are given a decision-making power called police discretion. It is up to the officer to use this given power for right or wrong.

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?

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, the nature of policing has changed and developed drastically. Their role not only entails crime fighting and emergency response, but also social enforcement and social peacekeeping. Bound by a code of ethics, this highly demanding role asks police to remain professional in their dealings with society, and ensure they uphold the law impartially and fairly. When it comes to enforcing the law, it is important to look at the methods and approaches taken by police in order to combat crime, and whether or not they meet current ethical standards. Although this may be the case, it is also important to acknowledge that aspects of police culture such as loyalty, deception and protection of colleagues will ultimately shape the nature of approach to resolving crime, gaining helpful information and protecting fellow officers. Police officers are granted large amounts of discretion within their roles, however, when officers deliberately abuse this amount of discretion and become display misconduct, it becomes challenging to limit discretionary authority of police officers because of the frequent circumstances they encounter where deception may provide highly constructive outcomes. Throughout this essay, methods used by police officers including entrapment, wiretapping and planting of evidence will be assessed for their strengths and weaknesses. Furthermore, the ethical standards of these methods and approaches will be assessed as to whether or not they prove as ethically

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 on the top.

In this paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use 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 as well as a brief conclusion.

While being a police officer, you have guidelines and rules that you need to follow just as if you worked as a chef or even a sales associate you have rules

Police officers are trained to read, write and analyze numbers. They are also trained how to handle firearms, identify non-lethal weapons, use defensive tactics effective, conduct search and seizure, driving techniques, investigate criminal acts and the laws of arrest, but how many police take a course on ethical conduct or learn the meaning of sworn oath? Some police officer feel ethics is not important and training is of low – priority. Law enforcement officers take oaths creates an ethical landmine. Officers have to weigh their personal values against colleague demands that may develop a hostile environment and cause ethical issues to flourish. When police officers demonstrate unethical practices, negative issues occur. Corruption scandals are painful reminders that officers need more

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.

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

Numerous police agency’s and police officials work on a distinctive local, state, and federal level and role. It has its individual area, sectors, and function, and work according to local streets parts inside policing. In order for any local, state, and federal police division to work successfully it must hire chiefs, deputy’s, and sheriffs who retain leadership and who uses creative thinking skills to teach comprehensive, and aggressive instruction to make the police division a tougher department by holding all its workers tasks for doing his or her job according to its agency’s guidelines and procedures known as code of conduct. “Municipal police work for municipalities such as towns or cities, county police and deputy sheriffs work for counties, state police work for states, and federal police work for the federal government. Some have the same duties as one another or very similar duties, and some have different or additional duties. Their jurisdiction is sometimes the main difference. For example, a municipal police officer normally has primary

Police tend to become much more bureaucratic when witnesses, an audience, or the media are present” (http://faculty.ncwc .edu/toconnor/205/205lect09.htm). The final cause of discretion is system variables. This cause deals with how “police tend to become lenient when the court and correctional systems are clogged; how police tend to become strict when the city needs revenue; the size and structure of the department controls individual discretion; how communities that have sufficient social service resources, like de-tox and mental health facilities, allow officers to use more non-arrest options; and the way in which officers are summoned plays a role in how they will act when they get there” (http://faculty.ncwc.edu/toconnor/205/205lect09.htm).

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