Many questions can arise when dealing with law enforcement issues. This paper looks to scratch the surface on four of these questions. These questions were answer with my own personal opinions and won’t be found anywhere else but here.…
When enforcing the law, for police officers not two situations they encounter are ever the same, even when examine a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. In many cases, officer’s discretion extends to interpreting the meaning of the statutory text. It becomes, therefore, impossible to enforce the law equally due to the wide interpretation that can be a particular law. This is the heart of police discretion.…
Discretion means the police officer has a choice. For example, a police officer pulls you over for a minor traffic violation like not stopping at a stop sign he has a choice of whether to give you a ticket or a warning whether it be written or verbal. This action would be called discretion. The practice of discretion today reflects police by restricting them to not have discretion in all circumstances. Laws and department policy can limit or eliminate discretion. For example, if an officer witnesses a felony, law requires the officer arrest the suspect. And, department policy might require an officer issue citations for all seat belt violations.…
At the core of the traditional role of the police in our society is the ability and need to exercise coercion in performing some of their functions. With some unknown frequency and severity, law enforcement officers use various forms of verbal and physical coercion in performing their everyday functions of enforcing the law and maintaining order. How and when the police use and do not use physical force influence the immediate accomplishment of police functions. The use of force also affects public attitude that sustain or undermine the legitimacy of the police and the entire system of justice.…
In the role as a police officer decision making is not easy. Society will use discretion against an officer if the situation does not involve a major crime. Many people will try to talk their way out of the simplest traffic violations, to some felonies. An officer only has so much discretion they are allowed to use. In some cases an officer depending on the situation will give out a warning, and advise the citizen to be aware of the law and not to do it again. However, there are other situations when a warning will not be sufficient enough, but the citizen will still insist on having a warning instead. An officer must use his/her own personal discretion every time they go to work. Discretion is not doing how you please. Police put to good use their power of discretion everyday and different issues involve different discretionary actions and some, none at all. It…
“While people of color make up about 30 percent of the United States Population, they account for 60 percent of those imprisoned (American Progress).”…
informed discretion in all activities. Combination of power, authority, and discretion in police work produces great potential for abuse.…
Police officers are authorized to use force under certain circumstances, for instance; controlling a disruptive, aggressive and disturbing demonstration, undergoing arrest of an accused person or controlling a combative individual. These officers are trained properly regarding use of force while fulfilling their duties. However, the use of force by police is a subject of hot discussion amongst public, as many times law enforcement agencies, televisions, newspapers, and civil as well as criminal courts have taken serious actions against excessive use of force by police-officers under a given situation (U.S department of Justice, 1999). The aim of this paper is to study national as well as international polices regarding the use of physical, verbal or any other kind of force like, chemicals, electronic control devices or lethal weapons by police-men. Moreover, the attitude of public, media, courts and juries towards the excessive use of force will be studied.…
Police discretion is the ability to choose a course of action because of broad limits of power. It "refers to the autonomy an officer has in choosing an appropriate course of action" (The Police In America, 113). It "includes authority to decide which of the various means of helping the helpless, maintaining order, and keeping the peace are best suited to particular circumstances" (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretion since it is impossible to record everything on what they are supposed to do and not do. We can also understand that if you could record all the rules and regulations it would be too extensive for an individual to comprehend.…
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 &ump; 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 situational situations with individuals (Sherman, 1984).…
Skolnick, J. and Fyfe, J. (1993). Above the Law: Police and the Excessive Use of Force.…
In this paper I will discuss police discretion and the use of these discretionary powers in the law enforcement workplace. I will explore the mythical aspects of police discretionary powers and the source of this myth. I will further discuss the control of discretionary authority. I will name instances of law enforcement officials using their discretionary powers to enforce laws and why the exercised this privilege.…
An officer may choose to write a warning, make an arrest, or just let it pass; this is a huge part of what a police officer must learn to do. A few factors involved in this decision making process range from crime factors, victim factors, environmental factors, departmental factors, and peer factors. Other factors that can attribute to the decision making process are the suspects behavior, or the officer characteristics. The views of one officer related to crime may vary widely from that of another officer, allowing for a different response depending on the responding officers. While some may view a kid smoking a joint as just a nuisance and confiscate the drugs, others will actually see this as a more serious offense, leading to an arrest, or a citation being served to the individual. Who the victim is plays a role also, such as in domestic violence. While the victims are known associates, or relatives/family, the officers tend to use more discretion on making an arrest, and when trying to deescalate the situation, whereas if the incident involves complete strangers, the event tends to be taking more…
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. When it was finally exposed, people like the American Friends Service Committee (1971) called for its abolishment, and police administrators sought a clampdown on discretion (administrative rulemaking)." The use of discretion is not necessarily an unpleasant thing as long as it is used properly and it is not being abused. "Adequate mechanisms for control of the exercise of that discretion are also a requisite for more rational decision making. If discretion implies a lack of control that is, the freedom to choose from among available alternatives completely unfettered by constraints of law or policy then the idea of controlled discretion may seem to be a self-contradiction" (Gottfredson p.276). Discretion can be used in many different situations. I will be discussing discretion used in dealing with the mentally ill, drunk driving, disorderly conduct, the use of force, and domestic violence. If a police officer uses his/her discretionary power correctly, not only will it help the police officer in their situation, it will help the general community as well.…
people. The police is a government service to all people, but all people do not…