Pros And Cons Of Police Discretion

First, there are several positive aspects of police discretion. One, “that it allows the officer to treat different situations in accordance with humanitarian and practical goals” (82). Meaning that in certain situation where a citizen is breaking the law the officer will have compassion and not enforce the law. For instance, a husband speeding trying to rush to the hospital because his wife is in labor. Even though he’s speeding above the speeding limit, when

With such a broad volume of discretion apparently in nearly every aspect of police decision making what strengths does this level of discretion have? Police work and the work environment require the use of discretion. Decisions must be made very quickly, usually without time for input from another source. This is despite the fact that a bureaucratic structure exists for the department as a whole. Moreover, communities cannot agree on what constitutes criminal behavior or the level to which criminal behavior should be sanctioned or ignored. A prime example is that of the skid-rows areas. The approach taken by most police in dealing with the skid-row “problem” or

Police discretion is a decision made by an officer whether to enforce the law or to let the offense go as a warning. An easy example of police discretion is when a person gets pulled over for a traffic violation, something like speeding. The officer could either let you off with a warning or he or she could give you a ticket. Depending on how the person is behaving the officer will use some discretion, if you're mean with a attitude the officer will probably give you hefty ticket. If you are a well mannered law abiding citizen who normally doesn't get into trouble the officer will hopefully let you go with a warning.

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.

Police Discretion Ethan D. Armendariz Mohave Community College Intro To Administration of Justice L. Alvarez 10/12/2017 When we are in the heat of the moment we tend to make fast decisions. Afterwards we tend to question whether or not that was the correct choice. Imagine having to make split second decisions everyday for a job, and that decision is the difference between life and death. Imagine that decision not only affecting you, but also another person, maybe even the people around you.

Police discretion advances or hinders the overall goals of law enforcement When police officer uses their police discretion in a positive way have advances it allow the law enforcement officer to make an effectively decision in the field because their no clear-cut solution to handle certain problems and it allow them to handle the situation or the problem. By being a police officer and in this type field the police work has many advantages a one of the such advantages allow the officer to have, “flexibility to handle each situation in a manner that best fits its individual needs”. Another advance for a police officer to be able to utilize their discretion in a positive way to be able to determine what does acceptable level of force use against a suspect. The advance

Police have the responsibilities that help to regulate duty and, “there are five core roles for police agencies in that province: crime prevention, law enforcement, assistance to victim of crime, public order maintenance, and emergency response”(Ruddell, 134). However, if the police do not attempt to follow theses five core principles then discretion can arise and becomes problematic. Discretion an officer may exert is based on their own interest that may play greater role in decision making. Although, there is a positive aspect that goes for the use of force in scenario’s where the offender might cause harm to another. For instance, if one individual is on a killing spree, then force may be necessary to stop him or her.

Police discretion is a very important approach in matters concerning criminal justice. There has been a consistent problem between enforcing the law and the spirit of the law. Discretion in the broader sense can be defined as the individual’s ability to make a decision basing on the principle of courses of the action. During training, police officers are given different possible scenarios that they may experience while on duty. However, the situations presented are not exact and the police come face to face with more riveting situations that demand their personal choices. The

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, 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.

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).

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.

You should be able to know from experience and what you have learned so far to make the correct decisions in situations. The fourth form of discretion is discretion as liberty. This states that Discretion is not where the law ends, nor is it the same as intellectually deriving principles from rules. It's about permission to act as a free and equal agent, and using that permission in extending the rights and duties of office (under color of law) toward a vision of liberty, inalienable rights, and the kinds of things that no majority, rule, or principle can ever take away (Kleinig 1996). This form appeals more to the rights of people and to being free. This form is trying to say to make decisions keeping in mind that you are a free person and that you are equal to every other human being. The fifth and final form is discretion as license. This form states that Discretion is the opposite of standard expectations. It's the privilege to go against the rules, disobey your superiors, be less than optimal or perfect all the time, all without degenerating the rules or eroding the trust between you, your superiors, or the public. License (not licentiousness) involves a sense of accountability that does not have to be formally recognized or structural (Kleinig 1996). This form is one that I think is the most confusing for some people but is one that has truth to it. It’s basically stating that police have the privilege to go

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).

There are many advantages of practicing police discretion and the truth is that it ultimately allows the officer to treat people in a caring humane way giving them a second chance without putting them in the system, and improving on what the community and public thinks of the police. If the police were to follow the laws and use full enforcement, they will be seen as unfair by the society and the community would reject and rebel against them which is what is not needed and discretion is