Each time a police officer chooses to make an arrest, they demonstrate whether or not they practice the proper discretion that their career field expects of them. For the particular case involving Ken Krook, a young man who had attempted to rob a liquor store, while holding the store clerk at gun point. While Ken fled the scene, a responding officer had been notified on behalf of the specific crime that had taken place following a veg description of the individual. After noticing an individual who seemed to fit the description of Ken Kook, the officer ran after the criminal, eventually making an arrest. This case brings up the issue involving what is and is not a proper use of discretion, and whether the arrest of Ken Krook was done lawfully.…
I honestly believe that being a ploice officer is very hard. There are some positives and negatives to it. It is obvious that we are all human and make multiple mistakes, and at times we do not agree on the selection of choices that ploice officers use upon the people. Some of the positives are that police officers have the right of arrresting someone who is using illgeal behavior. For an example, say you are at a plaza walking around with your friends, and suddenly you see someone had too much to drink and they are causing a sence; to which you can't avoid or control the persons actions, you will have to call the police and they will settle the situation so it doesn't lead to breaking a law. A negative discretionary decision, would be the…
As stated on the Community Oriented Policing Services (COPS) website, “every day, law enforcement officers face danger while carrying out their responsibilities. When dealing with a dangerous-or unpredictable-situation, police officers usually have very little time to access it and determine the proper response.” Proper training techniques about how to access and handle situations teach officers how to implement use of force. “The International Association of Chiefs of Police (IACP) in its study, Police Use of Force in America 2001, defined use of force as ‘the amount of effort required by the police to compel compliance by an unwilling subject.’” There are many instances of abuse of how the use of force protocol is abused by an officer and very little done about…
Police discretion allows officer the power to make decision to purse police procedure or to simply give a warning and let someone go. An example of police discretion would be if an officer pulls over a teenage driver for running a stop sign. Once the officer approaches the care he notices a roach “end of a joint” in the passenger seat. The officer then has the option to either let the teen slide with just a warning or to follow police procedure word for word. In my opinion police discretion is beneficial. Giving someone a warning allows you to explain what could happen to him or her if caught next time. If every person who broke the law or did something wrong was arrested or charged our jails would be packed and officer would have stacks of…
The types of situations that police officers should be allowed to not enforce the law/ use their own discretion is when it comes to petty crimes such as children writing on walls, jaywalking, or having a headlight out. You can’t possibly write…
In our text, discretion is defined as having to decide between two or more courses of action or behavior. Discretion is practiced in all aspects of the criminal justice system, police, corrections, judges and attorneys all have the power and capabilities to exercise discretion. An example of police discretion is a police officer responding to a domestic violence call, the officer can analyze the situation and decide to arrest one or both parties or, attempt to provide them the resources to get help or give a warning. An example of a correctional officer using discretion is, if the correctional officer witnesses an inmate breaking a law or code of the facility and can make the decision to do nothing or follow procedure. Another example of discretion…
There have been ongoing debates about the guidelines for police officers when conducting discretionary searches. One police department that has been in the headlines for its practices of discretionary searches have been the New York City’s Police Department. New York City’s Stop and frisk policy allowed police officers to stop and search an individual on the street at their discretion based on suspicion of criminal activity. One of the most highly publicized cases of NYPD’s stop and frisk tactic was the 2014 death of Eric Garner in the hands of Staten Island Police Department. The Eric Garner’s case followed outpours from citizens calling for change in NYPD’s stop and frisk guidelines and other police departments as well. This week’s article…
Discretion gives police officers the ability to handle crime and punishment as it is seen fit. It is not compulsory that police officers enforce the law equally in every situation. Circumstances may vary amid different situations. The following scenarios can be taken into consideration. If a husband rushes to the hospital to be in time when his child is born and in the act he runs through a stop sign, police discretion may be used to dismiss the husband with a warning. In a case of assault betwixt two teenage boys, if one beats the other in self-defense, he can avoid punishment if no weapons were used on his part.…
Patrol officers use discretion each and every time while on shift. They will respond to a variety of calls and have to make a decision on scene whether to charge a subject or arrest them. Patrol officers also work traffic and enforce moving violations and equipment violations. Try to imagine if officers did not have discretion and had to fully enforce the law each time a violation occurred. This would have a negative impact on community relations and would also completely saturate our court systems that struggle already with caseloads. However, discretion allows the officer to make a judgment in the field based on the totality of the circumstances to decide which offenders should be tried through the criminal justice system and which should…
Police officers have a large amount of discretion. This stage of the crime is the most influential to a case. What a police officer decides to charge an individual for and whether or not they charge them at all can completely affect how a case is carried out. For example, let’s say that and individual was going 10 miles per hour over the speed limit and a police officer pulled them over for it. The individual breaking the law was speeding because a loved one was in the hospital. It is now the officer’s decision to either hold this person responsible and give them a ticket or let them off with a warning because of the…
One thing that is stressed in police work is “officer safety.” Police officers put themselves in harm’s way possibly multiple times during any given shift. The line of work does not exactly bring them into good situations and they never know what is going to happen when they arrive to any call. The ability to make good decisions can make all the difference at times to save their own lives or a person or multiple people’s lives. These types of decisions can obviously carry a lot of weight. When I asked Officer Romano how he himself and other police officers make and justify their decisions in the field, he said, “Every day is different, which makes decision making very different for each incident. My entire decision making is based off what the law says, reasonableness and fairness.” This decision process based off the law is ensuring that police officers are following the due process model.…
Discussions in how discretion is exercised in the legal profession often raises debate in the criminal justice system. Discretion is vastly misused in many of the criminal justice fields. Areas such as youth justice, sentencing, policing, and a host of many other legal fields need better understanding, interpretation and communication. As with many practices, the object of measuring these areas is to understand constraints on its use and areas where it can be regulated better. This paper will reflect the role of discretion and how it is conceived in the justice system. In addition, this paper will examine how individuals elect to measure legal discretion from the public’s point of view as often the public sees only the negative terms of it.…
Should all police officers of America be advised to enforce the law equally in all situations? Before a justifiable response, let’s create a scenario; a full grown man in his early twenties is walking in a residential neighborhood, carrying a baseball bat and smashing car windows. Authorities have been called and the man is obstructing both officers that arrived in a squad car- the man is swinging the bat in the direction of the officers and is creating a threat to their lives. Now let’s compare this with the same scenario, except it is an elderly woman doing the same thing. First, the age difference of the perpetrators should be taken into consideration. In both scenarios, technically the officers’ lives are in danger, but does that give them the right to use deadly force in both situations? A man in his early twenties is typically very strong and could create catastrophic damage to both officers, even if they were trying to take him to the ground, using martial arts take-downs. An elderly woman is typically very fragile and could be taken down more quickly using martial arts take downs. A young man is more likely to survive a gunshot wound to the body- an elderly woman is not. So should police officers truly be advised to enforce the law equally in all scenarios? The answer is, absolutely not, because it creates a zero tolerance policy.…
A student ride-along allows the student to observe the use of discretion and techniques that are used by the police officers who patrol our communities. Many people falsely believe that policing is what they see portrayed in the media. We never realize that there is much more to police work then what we consider entertaining or even amusing. By watching a patrol officer in the field, I was able to gain valuable insights into questions concerning why police officers stop certain individuals, why some individuals are taken into custody while others are not, and lastly how the discretion of an officer affects how they perform their jobs. I will discuss these three questions while using three separate situations that…
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.…